By News18
New Delhi, Jul 3 (PTI) A minor rape survivor, who sought termination of her 27-week foetus, on Thursday agreed to continue with her pregnancy after AIIMS doctors opined in the Delhi High Court that aborting the pregnancy at this stage would amount to foeticide.
The doctors, who were part of the medical board of All India Institute of Medical Sciences (AIIMS) which examined the minor, stressed that it would be in the best interest of the child to be born and his mother if the pregnancy is continued for another 4-6 weeks.
A bench of Chief Justice D K Upadhyaya and Justice Anish Dayal then modified a single judge鈥檚 order, which allowed the 16-year-old girl to terminate the pregnancy, considering the medical board鈥檚 opinion.
The court told the counsel appearing for the survivor and her mother to make them understand that it would be in the interest of the survivor and her child to continue with the pregnancy and after the delivery if they wish, the infant could be given for adoption.
Post discussions with the survivor and her mother, the counsel informed the bench that the survivor had agreed to continue with the pregnancy.
The bench termed the situation to be 鈥渧ery unfortunate, unpleasant and precarious鈥 in which the court had to ensure the welfare of both the minor girl and her unborn child.
Two doctors comprising the medical board appeared before the court and said if the procedure was performed right now, it would be a pre-term delivery with the child being alive and not the termination of pregnancy.
The doctor said it would amount to foeticide which was only permissible in case of medical issues.
Terminating the pregnancy would hamper her future reproductive health and it would be much safer to perform the procedure at 34 weeks gestation period, she added.
The doctor said if this pregnancy was allowed to be terminated, it would open floodgates and others who did not want to continue with the pregnancy would demand termination.
The bench then said, 鈥淚t will be a foeticide which is only permissible in cases with medical issues. It amounts to an offence under the criminal law and please don鈥檛 ask us to be party to that.鈥 The court while modifying the single judge鈥檚 June 30 order said the girl should remain admitted to AIIMS for the entire gestation period and till her delivery.
She should also be allowed to stay in AIIMS till she feels fit after delivering the child, it added.
The court directed AIIMS to provide free medical treatment to the girl and the child for the next five years.
鈥淭he facts and circumstances of this case presents a very unfortunate, unpleasant and precarious situation where this court has to ensure the welfare of both the minor girl as well as the child to be born,鈥 the court said.
The bench continued, 鈥淭he care of both these lives does not merely require medical attention but also having regard to the socio-economic cultural situation of our society, they will constantly be needing other forms of support such as psychiatric or psychological treatment or counselling and some financial support as well.鈥 The court asked the Delhi government鈥檚 Department of Women and Child Development to file an affidavit giving details of the mode of help to the girl and the child and posted the matter on October 15.
In the day earlier, the court said that 鈥渁dvising a rape victim to prolong her pregnancy will entail anxiety鈥 which could have a grave impact on her mental health.
Additional solicitor general Aishwarya Bhati, representing AIIMS, said the medical board opined that the girl鈥檚 health needed to be protected.
鈥淎s an officer of the court today I am urging your lordships to be 鈥榩arens patriae鈥 of this young girl and protect her. She does not want the child, understandable. We, in AIIMS, will do everything best for the child,鈥 she submitted.
Referring to the relevant law, Bhati said pregnancy could be terminated after 24 weeks of gestation period only in two situations 鈥 if there is a grave risk to the woman鈥檚 life or congenital anomalies in the fetus.
The division bench was hearing a plea by AIIMS against a single judge鈥檚 June 30 order allowing the minor sexual assault survivor to terminate her then 26-week pregnancy.
It came on record that the medical board was not in favour of allowing the termination of pregnancy in view of the advanced gestational age requiring most likely a cesarean section procedure which could adversely affect the girl鈥檚 future reproductive health.
The girl and her mother, however, had insisted on not continuing with the pregnancy.
She moved the court after the doctors expressed their inability to proceed due to the statutory restrictions provided under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors.
According to the girl鈥檚 lawyer, the minor was sexually assaulted by a man during Diwali in 2024 but she did not disclose the incident to anyone.
She was again sexually assaulted in March by another person, resulting in her pregnancy, her lawyer said. PTI SKV SKV AMK AMK