Delhi High Court Permits Teen Rape Survivor To Medically Terminate 24-Week Pregnancy

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The Delhi High Court has permitted a 17-year-old sex assault survivor to medically terminate her pregnancy of 24 weeks and directed to preserve DNA test samples for analysis by a forensic lab.

The petitioner sought to terminate the pregnancy on the ground that she is a minor and will not be able to bear the pregnancy at this tender age or take responsibility for the child.

The medical board stated that the petitioner suffered from no medical co-morbidity and the termination of pregnancy can be performed.

“In view of the report of the Medical Board, the Medical Superintendent, AIIMS is requested to conduct the medical termination of pregnancy of the petitioner at the earliest. After the medical termination pregnancy is conducted, samples for DNA tests will also be preserved so that the same can be analysed by the FSL,” ordered Justice Mukta Gupta on October 29.

In the present case, an FIR was lodged by the mother of the petitioner on suspicion that her daughter had been kidnapped.

It was alleged that the petitioner had left her house on May 23 at about 10 am without telling anybody and her mobile phone was found to be switched off.

The court was informed that the petitioner came back to her home after three days but did not make any allegations of sexual assault.

However, later when her statement was recorded before a magistrate, she said that she had faced sexual assault and it was found that she was pregnant, it was added.

On October 28, the court had directed AIIMS to constitute a medical board to examine the petitioner and consider the feasibility of termination of pregnancy.

The board told the court that the petitioner and her family has been explained the risk and complications associated with the pregnancy and that they have opted for medical termination of pregnancy.

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