HC allows rape victim to abort ‘unwanted’ 22-week pregnancy

‘Carrying pregnancy to term will pose a risk to her well-being’

December 07, 2018 01:39 am | Updated 01:39 am IST - New Delhi

The Delhi High Court has allowed a 16-year-old rape victim to terminate her “unwanted” 22-week pregnancy after a court-appointed medical board concluded that carrying the pregnancy to term will pose a risk to her well-being and also continue to cause her much distress.

The girl, along with her father, had moved the High Court seeking permission to carry out medical termination of her 22-week pregnancy.

Abortion after 20 weeks of pregnancy is prohibited under the Medical Termination of Pregnancy Act. However, it can be permitted in exceptional cases where a registered medical practitioner certifies before a court that continuing the pregnancy would be life-threatening for either the mother or the baby.

Insistent on abortion

Justice Vibhu Bakhru had last week interacted with the victim during which she was “insistent” that her pregnancy be terminated. Since she appeared to be in considerable distress, Justice Bakhru constituted a medical board to evaluate her both physically and psychologically.

The board said the unwanted pregnancy was causing “considerable amount of distress” to the girl. It was of the view that carrying the pregnancy will pose a risk to her well-being.

“This risk is enhanced considering the allegation that the conception was a result of rape,” the medical board said.

The board added that abortions done after 22 weeks carry a higher risk of mortality and morbidity. It said the relative risk is much higher than an abortion at eight weeks. It said if the abortion does not occur vaginally, she may require a major abdominal surgical procedure called hysterotomy. Even after this risk was explained to the girl as well as her father, both were “adamant that the pregnancy should be terminated”.

“The respondents are directed to carry out the procedure for termination of the pregnancy,” the judge said, permitting the termination.

The court added, “The tissue of the foetus shall be preserved for further DNA test, if necessary.”

The judge ordered the victim’s father to ensure that she is brought for medical examination three weeks after she is discharged as she may face issues during the post-operative period.

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