The Delhi High Court on Friday allowed a minor rape victim from Nepal to undergo medical termination of 27-week pregnancy at LNJP Hospital, Delhi.
“In view of the fact that the girl is a rape victim and taking a humanitarian view of the matter, though the girl and her family are Nepalese citizens, this court directs that the termination of the pregnancy be effected as soon as possible by the doctors at LNJP hospital,” Justice Prathiba M Singh ordered.
The court directed the medical team to ensure that the best possible care is given to the pregnant girl, including post-operative care, so that she recovers completely and is only then discharged.
While allowing the medical termination, the single-judge bench noted, “The family has assured that in case the foetus is born alive, considering the age of the foetus, the family would give adequate care in the nursery of the LNJP hospital.”
The court was hearing a plea filed by the mother of a 16-year-old minor girl who was 25 weeks pregnant. She sought directions to allow the termination of her minor daughter’s pregnancy.
It is the petitioner’s case that her minor daughter was subjected to a brutal gang rape in Nepal in October 2022, while both the parents worked in Delhi. The girl moved to India with them in March 2023, and thereafter she realised that she was pregnant. However, by the time she approached the authorities concerned for termination of pregnancy, the gestation period was already 25 weeks.
During the hearing, the two doctors of the hospital apprised the court of the opinion of the medical board that the medical termination could be done. However, the court was also apprised that there are certain risks that are involved owing to the fact that the girl has low haemoglobin and that the gestation period of the foetus is 27 weeks.
Additionally, both doctors also informed the court that they have counseled the mother and the girl of the risks involved. The counsel for the petitioner’s mother also submits that they are conscious of the risks that are involved in the termination.
Accordingly, allowing the termination of the minor girl, the court said, “The petitioner is free to move an application in such a situation to revive the present petition for further directions. Let the report of the medical board be taken on record. The present order is being passed in the peculiar facts and circumstances of this case.”
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