Aastha Thakur
Published on: July 21, 2022 at 20:05 IST
The Delhi High Court allowed a minor rape victim to terminate her pregnancy of 25 weeks and 6 days, noting that her misery will be double and would permanently scar her if allowed to become mother at such a tender age.
The Court was dealing with the plea filed by the victim’s father seeking termination of pregnancy conceived out of a sexual assault. Prior to this, family approached a hospital, where medical board informed that they needed to approach the Court for the same.
Single Bench led by Justice Yashwant Varma noted that if the provisions of the Medical Termination of Pregnancy (MTP) Act, 1971 were to be strictly construed, they do not sanction termination of pregnancy beyond the 24-week period.
However, the Court couldn’t overlook the previous decisions where the court can invoke its extraordinary powers under the Constitution in exceptional circumstances and order to terminate the pregnancy.
In his order Justice Verma said that, “This court is of the firm opinion that if the petitioner was forced to go through with the pregnancy despite the same having been caused on account of the incident of sexual assault, it would permanently scar her psyche and cause grave and irreparable injury to her mental health. The court cannot visualise a more egregious invasion of her right to life as guaranteed by Article 21 of the Constitution.”
Justice Verma held that the medical board in this case failed to take cognizance of the amendments introduced in the MTP Act which says that if the pregnancy is alleged to be on account of rape or sexual assault, the anguish caused by the pregnancy is presumed to constitute a grave injury to the woman’s mental health.
The Court, therefore allowed the plea and directed the hospital to constitute a medical board to oversee the termination of pregnancy. It was added, that its upon discretion of doctors to cancel the procedure if they find any risk to the petitioner’s life. It also agreed to a request to preserve the DNA of the child because an FIR in the sexual assault is pending.