The Delhi High Court has permitted a minor rape victim to undergo termination of her 26-weeks pregnancy, saying the mental and physical trauma that she would have to undergo if she were forced to carry the foetus and take on the onerous duties of motherhood is “unimaginable”.
Justice Yashwant Varma while allowing the termination of the pregnancy, also directed the concerned hospital to preserve the terminal foetus for the purposes of DNA testing which would be required during the criminal case.
Earlier, a medical board had in its July 16 report said that the age of the girl was about 13 years and the period of gestation was 25 weeks and 6 days. It had expressed it inability to proceed with the medical termination in view of the law which permit pregnancy termination beyond 24 weeks only in case of substantial foetal abnormalities.
The High Court noted that in case of pregnancy due to rape or sexual assault, the anguish caused by the pregnancy could give grave injury to the mental health of the victim.
The High Court said although the Medical Termination of Pregnancy Act deals with pregnancies that may extend up to 24 weeks, it can, in exceptional situations, invoke its “extraordinary powers conferred by the Constitution” to sanction termination of pregnancy.
