The Delhi High Court on Tuesday came to the aid of a 20-year-old rape victim by allowing her to terminate her eight-week pregnancy, which she alleged was a result of the sexual assault.
Justice Vibhu Bakhru noted that under the law, pregnancy of less than 12 weeks can be terminated if a medical practitioner comes to the conclusion that it would cause harm, including mental trauma, to the mother.
Facts and circumstances
The court said in the instant case, as per the facts and circumstances, it saw no reason for a medical practitioner not to accept her plea for terminating the pregnancy. It allowed the victim to approach Lady Hardinge Medical College, as desired by her, for medical termination of her pregnancy.
The court directed a female police officer to accompany the woman to the hospital, where the termination will be carried out at the State’s expense as the victim belongs to the economically weaker strata of society. It also granted her additional plea for preservation of tissue samples of the foetus for DNA testing.
The court directed the hospital to preserve a tissue sample and forward the rest to the Investigating Officer (IO) probing the rape case. The police were directed to take requisite steps for sending the tissue samples for DNA testing so that results can be used during the trial.
With these directions, the High Court disposed the victim’s plea claiming she was repeatedly raped by the accused between February 14 to August 29 this year. She alleged that the accused initially raped her by drugging her and took compromising photographs and videos. Thereafter, he raped her repeatedly by threatening to leak the photographs and videos, she alleged in her petition.
An FIR was lodged by her on September 17, 2017, and she realised that she was pregnant when her medical examination was carried out, the plea added. The victim had initially moved an application before the Additional Chief Metropolitan Magistrate (ACMM) at Tis Hazari courts on September 20 for permission to medically terminate her pregnancy. However, the court had declined to grant any relief saying it was not the appropriate forum.
