Delhi High Court Permits 13-Yr-Old Rape Victim To Undergo Medical Termination Of Pregnancy, Directs DSLSA To Look Into Grant Of Compensation

The Delhi High Court on Monday permitted a 13-year-old minor rape victim to undergo medical termination of pregnancy with 24 to 26 weeks old foetus.

A vacation bench of Justice Jasmeet Singh also directed the Delhi State Legal Services Authority to look into the compensation to be paid to the minor.

On June 09, the court had directed the medical board, comprising of minimum two doctors at Guru Tegh Bahadur Hospital, to review the minor’s case for medical termination of her pregnancy.

Perusing the medical report submitted by the board, Justice Singh ordered:

“In view of the opinion of the medical board wherein it has been opined that the continuation of pregnancy in this case carries the higher risk to both the mother and the foetus, it is directed that the termination of pregnancy be effected as soon as possible by the doctors at Guru Teg Bahadur Hospital.”

The court allowed the plea moved by the minor through her father seeking termination of the pregnancy through registered medical practitioners.

As per the status report filed by the Delhi Police, the 13-year-old had gone to her grandmother’s house where she was raped by a person who was a tenant in the same locality.

The minor then went to her native place in Bhopal where she fell unwell and her parents took her to the hospital where it was found that she was pregnant.

It was also stated that a zero FIR was registered and the minor was medically examined in a government hospital on May 30 where she was found to be 24 to weeks pregnant.

The court was also apprised that the minor’s statement under section 164 of Code of Criminal Procedure was also recorded.

“The petition is allowed and disposed of. The DSLSA shall also look into the compensation to be paid to the victim,” the court ordered.

The court also directed the medical team to ensure that the best possible care is given to the pregnant child victim including post operative care so that she recovers completely and only then is discharged.

”The medical team and the hospital shall also ensure that the victim and the mother are counselled at every stage and are made aware of the risks involved,” the court added.

Justice Singh further directed that one lady police officer shall be stationed alongwith the mother and the victim from the point of admission to the hospital till the time of discharge.

“In the event that the foetus is born alive, considering the age of foetus it would be given adequate care in the nursery of GTB Hospital in their NICU ward. In case such facility is not available, the hospital shall ensure that the foetus is transferred to an appropriate facility and advance arrangement in that regard shall be made including transportation. This shall be under the care of the Medical Superintendent of the concerned hospital,” the court said.

It added: “In any other situation, it is directed that the hospital shall preserve the terminal foetus for the purpose of DNA testing which would be required with reference to the criminal case which has been registered. The preservation of the terminal foetus and DNA that may be drawn shall be in accordance with orders that may be passed by the competent criminal court.”

Title: MINOR VICTIM-V v. THE STATE & ANR.

Citation: 2023 LiveLaw (Del) 511

Click Here To Read Order