Delhi High Court Allows 31-Week Pregnancy Termination for Minor Rape Survivor

Delhi High Court abortion permission order involving medical care at Lady Hardinge Hospital

The Delhi High Court has allowed a 16-year-old rape survivor to terminate her 31-week pregnancy, directing Lady Hardinge Medical College and Hospital to carry out the procedure under the supervision of qualified doctors and provide appropriate care.

The order was issued by a bench led by Justice Mini Pushkarna on a petition filed by the survivor’s mother. According to the petition, the minor became pregnant after the alleged rape and wanted to terminate the pregnancy because continuing it could cause severe mental trauma to her and her family.

The court took note of the survivor’s age and her stated intention to terminate the pregnancy before granting permission. The directions place responsibility on the hospital administration to ensure that the procedure is conducted by qualified medical professionals and that the minor receives proper care during the process.

The order also sets out instructions in case of either outcome. If the child is born alive, the hospital has been directed to inform the Child Welfare Committee. If the pregnancy is terminated, the foetus is to be preserved for DNA sampling. In the event of a live birth, the Child Welfare Committee may begin the process for the child’s adoption, according to the court’s directions.

The court further directed the Delhi State Legal Services Authority to pay compensation to the survivor for her rehabilitation. The order said the survivor and her family must not be identified in any manner, and that their photographs or address should not be made public.

The case places several public institutions at the centre of the response: the hospital responsible for medical care, the Child Welfare Committee responsible for action in the event of a live birth, and the legal services authority responsible for rehabilitation compensation. The court’s directions link these responsibilities to the survivor’s privacy, medical care and longer-term rehabilitation.

The order was issued on October 15. The report does not provide further details about the scheduled timing of the procedure or the status of the criminal investigation. It identifies the hospital and agencies responsible for the next steps while reiterating that the survivor’s identity must remain protected.


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