Court Grants Permission Based on Medical Report
The Delhi High Court on Thursday allowed a 15-year-old rape survivor to terminate her 28-week pregnancy, citing the medical report from the All India Institute of Medical Sciences (AIIMS) which stated that the minor was medically fit to undergo the procedure for medical termination of pregnancy. The court's decision came in response to a petition filed by the survivor's mother seeking permission for the termination.
Medical Fitness Confirmed by AIIMS
In its report, AIIMS confirmed that the teenager was physically and mentally capable of undergoing the termination procedure. The hospital also noted that continuing the pregnancy could pose risks to the survivor's health, both physical and psychological. The court considered these factors while granting the permission, overriding the standard 24-week limit for pregnancy termination under the Medical Termination of Pregnancy (MTP) Act, which allows exceptions for minors and victims of sexual assault.
Legal Framework and Exceptions
Under the MTP Act, pregnancy termination is generally permitted up to 24 weeks, but the law provides for exceptions beyond this period if there is a substantial risk to the mother's life or severe fetal abnormalities. In cases involving rape survivors, courts have often exercised discretion to allow terminations beyond the statutory limit, especially for minors. The Delhi High Court's decision aligns with this precedent, prioritizing the survivor's well-being.
Impact on the Survivor
The survivor, who is from a low-income family, had been under significant emotional and physical distress since the assault. The court's ruling provides her with access to necessary medical care and a chance to recover from the trauma. Legal experts have praised the decision, noting that it upholds the rights of minor rape survivors to make reproductive choices without undue delay.
