The Delhi High Court has permitted the medical termination of the 26–28 week pregnancy of a 15-year-old rape survivor, holding that Constitutional Courts may exercise their extraordinary jurisdiction under Article 226 to allow termination beyond the statutory limit prescribed under the Medical Termination of Pregnancy Act, 1971, where continuation of the pregnancy would inflict grave mental trauma on the victim.
Justice Mini Pushkarna allowed the petition filed by the minor through her father after noting the opinion of the AIIMS Medical Board, which concluded that continuation of the pregnancy was likely to have an adverse psychological impact on the child and declared her medically fit to undergo the procedure. The Government of NCT of Delhi also stated before the Court that it had no objection to the termination in view of the Medical Board’s findings.
The Court observed that although the MTP Act generally does not permit termination beyond 24 weeks except in specified circumstances, Constitutional Courts are empowered to grant such relief in exceptional cases involving rape survivors, particularly minors, where denial of relief would result in grave mental injury and violate the fundamental right to life and personal liberty under Article 21 of the Constitution.
Relying on recent decisions of the Supreme Court and the Delhi High Court, the Court reiterated that reproductive autonomy forms an integral part of Article 21 and that no court should compel a woman, especially a minor, to carry an unwanted pregnancy to full term against her wishes. The Court emphasised that where statutory remedies are unavailable, constitutional remedies remain available to protect fundamental rights.
Accordingly, the Court directed AIIMS, New Delhi, to admit the petitioner and carry out the medical termination of pregnancy through a competent medical team in accordance with the MTP Act and applicable guidelines. It further directed that the foetal tissue be preserved for DNA testing in connection with the pending criminal case.
The High Court also directed the State to bear all expenses relating to the procedure, hospitalisation, and post-operative care. It added that if the child were to be born alive during the procedure, AIIMS and the State authorities must provide all necessary medical support, inform the Child Welfare Committee, and, if the minor and her father so desired, facilitate the child’s adoption in accordance with law.
