CNN Central News & Network-ITDC India Epress/ITDC News Delhi: Delhi High Court allows 17-year-old rape survivor to terminate 29-week pregnancy
New Delhi. The Delhi High Court has allowed a 17-year-old rape survivor to undergo medical termination of her 29-week pregnancy. The court said decisions in abortion-related matters cannot be taken only on the basis of the legal 24-week time limit. In each case, it is necessary to consider the age of the pregnant person, the circumstances of the pregnancy, medical opinion, and her rights and interests.
Justice Harish Vaidyanathan Shankar passed the order on 24 October on a petition filed on behalf of the minor through her grandmother. The petition said the pregnancy resulted from an incident of rape and that continuing it could cause the adolescent serious mental trauma and psychological distress. An FIR has also been registered in the matter at Delhi’s Khyala police station.
Medical report forms basis
The court considered the report of the medical board constituted at Deen Dayal Upadhyay Hospital. The board had found the adolescent physically and mentally fit for the termination procedure. The court then directed a team of competent doctors to complete the procedure in accordance with applicable law and medical guidelines.
The court also directed that foetal tissue be preserved for DNA testing so it can be used, if required, in the investigation of the criminal case. The state government will bear the cost of the termination, hospital stay and post-operative care.
Directions to keep survivor’s identity confidential
The court further directed that if a child is born alive during the procedure, the hospital and the state administration must provide the necessary medical assistance. In such a situation, the Child Welfare Committee will be informed. The court also stressed protecting the identity of the minor survivor.
The decision was given keeping in mind reproductive autonomy, dignity and the interests of minor survivors.
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