New Delhi, July 3 (HS): The Delhi High Court's division bench has stayed a single bench's order to terminate a 27-week pregnancy of a 16-year-old rape victim, noting the potential impact on her reproductive health. The court, led by Chief Justice D.K. Upadhyay, highlighted that the girl could give her child up for adoption. AIIMS was directed to provide free physical and mental health treatment for the girl.

Additionally, the Delhi government's Ministry of Women and Child Development was instructed to arrange free education for the child until the 10th grade. During the hearing, ASG Aishwarya Bhati warned that terminating the pregnancy would adversely affect the girl's future reproductive health. An AIIMS doctor indicated that the medical board found that termination could harm both the girl and the unborn child.

The court questioned whether termination was permissible beyond 24 weeks under the MTP Act due to the rape. The doctor noted that termination after 27 weeks would be classified as fetal homicide and could significantly impact the girl’s uterus and future pregnancies. Concerns were raised about the unborn child suffering health issues if born after 27 weeks. The minor girl's Advocate argued that the law allows for termination in special circumstances such as rape; however, the court emphasized the potential consequences for both lives involved. After the Advocate conveyed the girl’s agreement to the court's advice about receiving assistance, the court formally stayed the termination order and mandated free treatment and education for both the girl and her unborn child.

Hindusthan Samachar / Jun Sarkar