New Delhi: The Delhi High Court has held that compelling a minor who became pregnant due to sexual assault to continue the pregnancy would amount to depriving her of her right to life.
A 15-year-old rape survivor, who was around 30 weeks pregnant, had approached the court seeking permission to terminate the pregnancy. The petition was heard by Justice Madhu Jain.
The court noted that the abortion law generally permits termination in ordinary circumstances only between 20 and 24 weeks. However, in exceptional situations such as sexual assault, priority must be given to the survivor’s right to live with dignity and her bodily autonomy, including the freedom to decide whether she wants to become a mother.
Observing that forcing the child to carry the pregnancy to term could cause further severe physical and psychological harm, the court granted permission for termination. It directed Lady Hardinge Medical College and S.K. Hospital to make immediate arrangements, preserve foetal and tissue samples for the criminal case, and said the government must bear treatment and medical expenses.
The court also ordered that if the baby is born alive, the Child Welfare Committee must ensure necessary medical protection.
