Delhi High Court Permits Minor Rape Survivor to Terminate 28-Week Pregnancy on Grounds of Mental Trauma
The Delhi High Court on Wednesday allowed a minor sexual assault survivor to medically terminate her 28-week pregnancy, citing the grave mental injury and trauma inflicted upon the girl. The court observed that such permission, which exceeds the 24-week limit prescribed under the Medical Termination of Pregnancy (MTP) Act, can be granted in exceptional circumstances involving rape.
This decision comes less than a week after the All India Institute of Medical Sciences (AIIMS) approved the termination in a report dated June 19, stating that continuing the pregnancy would likely have an “adverse impact” on the minor’s health.
Justice Mini Pushkarna, in her order, noted: “Although the Medical Termination of Pregnancy Act does not provide for termination of pregnancy over the gestational age of 24 weeks, the extraordinary jurisdiction of the constitutional courts can be invoked for termination of pregnancy in cases of rape, as in such cases, grave mental injury and trauma is inflicted upon the mind of the minor.”
The court’s ruling underscores the balance between statutory limits and constitutional protections for victims of sexual assault, particularly minors. Section 3(2)(b) of the MTP Act permits termination up to 24 weeks for certain categories, including rape survivors, but beyond that period, courts may intervene to prevent further harm.
The identity of the minor has been kept confidential as per legal norms. The case highlights ongoing concerns about the physical and psychological toll of forced pregnancies on young survivors, and the need for timely medical and legal intervention.
