New Delhi, 19 October (H.S.): The Delhi High Court has permitted a 16-year-old survivor of sexual assault to terminate her 31-week pregnancy. A Bench headed by Justice Mini Pushkarna observed that the minor should not be expected to bear the burden of giving birth to and raising a child.

The court said that a minor rape survivor’s right to terminate a pregnancy should also be recognised as a human right, observing that denying such permission could adversely affect her right to live with dignity. A medical board constituted by the High Court had found the girl medically fit to undergo the procedure. Following the board’s assessment, the court held that it was in the survivor’s best interests to respect her wishes.

During the hearing, the court was informed that the girl had been admitted to Lady Hardinge Medical College and Hospital in New Delhi. The court directed the doctors to preserve the foetal tissue, as it would be required for DNA testing in connection with the criminal case.

The High Court also directed the Delhi government to bear the entire cost of the procedure. It further ordered that, if the baby was born alive, the hospital’s medical superintendent must ensure that the newborn received all possible assistance.

In such a situation, the court said, the child could be placed for adoption in accordance with the prescribed legal procedure, taking into account the wishes of the minor and her family.

The order was passed on a petition filed by the girl, who became pregnant following sexual assault. The survivor and her mother had sought permission to terminate the pregnancy, arguing that continuing it would cause the minor severe psychological trauma. After considering the medical board’s opinion and the girl’s best interests, the court granted permission for the procedure.

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Hindusthan Samachar / Jun Sarkar