The Delhi High Court on Thursday allowed a minor rape victim to immediately terminate her pregnancy after a medical board from the Ram Manohar Lohia Hospital confirmed significant risk to the expecting mother due to her young age.
In #DelhiHC today the report of the Medical Board has been taken into consideration.#DelhiHC has allowed the medical termination of pregnancy to be carried out within 24 hours and DNA evidence to be preserved. @MinistryWCD @DelhiPolice #Minor #RapeVictim
— India Legal (@indialegalmedia) February 6, 2020
Justice Vibhu Bakhru discussed the matter in-chamber with the minor girl and her family before pronouncing the order in open court.
DNA evidence recovered from the medical termination of the pregnancy — to be carried out in the next 24 hours — has been directed by the court to be preserved as a matter of evidence of rape.
The petition was moved after the Child Welfare Committee, on ultrasound discovery of the pregnancy at 23 weeks asked the Delhi State Legal Services Authority to provide legal aid for representation before the Delhi High Court to obtain necessary orders.
The present law does not permit termination of pregnancy past the 20-week mark. However, the Centre has proposed a draft bill – to extend the period up to 24 weeks.
The Medical Termination of Pregnancy (Amendment) Bill, 2020 raises the upper limit of the age of foetus by four weeks to include vulnerable women including survivors of rape, victims of incest, differently-abled women, minors and so on, with the proviso of approval from two doctors for abortions between 20-24 weeks. The bill also proposes that the upper limit will not bind mothers carrying a foetus with substantial abnormalities, and the same is to be determined by a medical board.
‘Failure of contraception’ is another ground which is admitted for safe and legal abortion, for all women to especially prevent unmarried women from opting for illegal and secret procedures from quacks.
— India Legal Bureau