Delhi HC permits minor sexual assault survivor to medically terminate pregnancy

New Delhi, Nov 5: A 17-year-old sexual assault victim has been permitted to terminate the pregnancy of 24 weeks by the Delhi High Court, which ordered the samples for DNA tests be preserved for analysis by a forensic lab.

The victim had approached the court requesting to grant permission to terminate her pregnancy on the grounds that she was a minor and bearing a child at the tender age would not be possible. The medical board stated that the petitioner suffered from no medical co-morbidity and termination of pregnancy could be performed.

"In view of the report of the Medical Board, the Medical Superintendent, AIIMS is requested to get conducted 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 analyzed by the FSL," ordered Justice Mukta Gupta on October 29.

The victim's mother filed a case suspecting that her daughter was kidnapped on 23 May and her daughter's cell phone remained switched off after she went missing. The sexual assault survivor returned home after three days.

However, there was no mention of sexual assault in court.

However, later when her statement was recorded before a magistrate, she said that she faced sexual assault and it was found that she had conceived, 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 medical board told the court that the petitioner and her family was explained the risk and complications associated with the pregnancy, and they opted for medical termination of pregnancy. PTI