Delhi HC allows minor rape victim undergo termination of pregnancy

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The Delhi High Court on Monday granted permission for a 13-year-old victim of sexual assault to undergo a medical termination of pregnancy beyond the 24-week limit.

A vacation bench of Justice Jasmeet Singh was hearing the victim’s plea seeking permission for the termination with the assistance of registered medical practitioners.

The decision was made after considering a report from a medical board that examined the minor girl.

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.”

On June 9, 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 pregnancy.

The court has also directed the Delhi State Legal Services Authority to assess the possibility of providing compensation to the petitioner in accordance with the relevant policy.

The victim’s parents have given their consent for the abortion, citing the potential severe physical and mental harm to their daughter if the pregnancy continues.

The court was informed that the petitioner was taken to her hometown in Madhya Pradesh following the sexual assault incident, and she was found to be nearly 24 weeks pregnant.

An FIR was filed under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.

The victim’s lawyer stated that she is currently in critical condition at the hospital.

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

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

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