Delhi High Court Allows Minor To Terminate Pregnancy, Even As Father Fails To Come Forward To Sign Consent Form

The Delhi High Court has allowed a 16-year-old minor to undergo medical termination of pregnancy after her father, who had earlier gave consent in the court for the procedure, failed to come forward to fulfil the formality of signing the consent form.

Keeping in view the fact that only two or three days were left for the minor to complete 24 weeks of pregnancy, Justice Dinesh Kumar Sharma allowed the Superintendent of Nirmal Chhaya Complex who was appointed as victim’s guardian by the Child Welfare Committee to sign the consent form.

The victim was in the custody of Nirmal Chhaya Complex since October 17 last year.

The report of the medical board dated February 24 stated that the minor was with pregnancy of more than 22 weeks. It added that the minor is fit to continue her pregnancy or undergo medical termination.

The court observed that allowing the minor victim to give birth and raise a child, knowing that she herself is in her adolescent age and mentally and physically unprepared, would be “totally inappropriate and improper.”

“This would only be leading her to trauma for the entire life and miseries in all manners be it emotional, physical and mental, given the social, financial and other factors that are associated with raising a child,” the court said in order dated March 07.

It added: “…at this age the victim cannot be burdened with the agony of bearing the child merely because her father who had given consent for the MTP of victim before this Court is not coming forward to sign the required consent form which is only a formality.”

The court was hearing a plea filed by the minor through her father for handing over her custody to him. While the matter was pending, it was informed that the victim was carrying the pregnancy which led to the formation of the medical board.

On March 03, the minor victim as well as her father told court that they were ready for medical termination of pregnancy without any fear, force and coercion. The father also said that he was giving his unconditional consent for the procedure in the best interests of the child.

However, the matter was mentioned on March 06 by the standing counsel stating that the victim’s father was not coming forward to sign the consent form.

Amicus Curiae Senior Advocate Rebecca John informed court that a notice was issued to the father for appearing before the court on March 07, however the house was found locked and no response was received from him.

John also submitted that there were only a few days days left for the victim to complete 24 weeks of pregnancy and that it would be become very difficult to undergo termination if the time period is over.

It was also submitted that since the father of the victim had duly given his consent before the court, the formality of signing the consent form can be dispensed with.

Allowing the medical termination of pregnancy, Justice Sharma said that being a constitutional court, it is duty bound to see the best interest of the victim.

“This Court considers that in view of the consent given by the victim, the same cannot be frustrated only on the account of irresponsible act of her father who after giving the consent not coming forward to fulfill the formalities. The reasons for this act of the father can later be seen and inquired into by the investigation officer during the investigation of the case,” the court said.

The court directed the Medical Superintendent of Lady Hardinge Medical College and the Medical Board to ensure that the termination of pregnancy is undertaken by competent doctors in accordance with MTP Act and other rules, regulations and guidelines prescribed.

“The State shall also bear all expenses necessary for the termination of pregnancy of the petitioner, her medicines, food etc. The State shall also bear all expenses for further care during recovery,” it said.

The court also observed that it is under a duty to ensure the well being of the victim after the procedure is over, especially when her father has not come forward even to sign the consent form.

Accordingly, the court directed the standing counsel of Delhi High Court Legal Services Committee to place a proper plan for rehabilitation of the minor, in consultation with the Delhi High Court Legal Services Authority and Child Welfare Committee.

“The Delhi High Court Legal Service Committee shall be the Nodal Agency to co-ordinate with all the other agencies and present a plan before this Court for the rehabilitation and well being of the child,” the court said.

The matter will now be heard on April 05.

Title: MS. X THR. HER NATURAL GURADIAN /FATHER AND ANR.

Citation: 2023 LiveLaw (Del) 226