Supreme Court orders abortion for underage rape victim

The Delhi High Court has allowed a minor rape victim to undergo an abortion despite the fact that the pregnancy had already lasted for more than 26 weeks. It observed that an unwanted pregnancy constitutes a serious violation of the mental health of the survivors.

The court also directed Safdarjung Hospital to preserve samples of the foetus for DNA tests that may be required for the upcoming criminal proceedings.

The Supreme Court stated that ultimately it is the victim's right to give birth to the child she has conceived or to terminate the pregnancy and that her opinion must be given priority.

“The court is of the firm opinion that the suffering of the victim, who is about 16 years old, would be even greater if she is forced to continue the pregnancy at such a young age. Apart from that, the victim is bound to face social stigma which may not allow the scars left by the desecration of her body to heal,” said Justice Anoop Kumar Mendiratta.

The court stated that it should be noted that the risks associated with an abortion are not greater than the risks of giving birth at the end of the pregnancy, even if the pregnancy has already lasted more than 26 weeks.

“Just because there is no fetal abnormality, it cannot be assumed that the victim's reproductive freedom can be restricted. It can be emphasized that an unwanted pregnancy represents a serious violation of the mental health of the rape victim, as was also confirmed in the opinion of the medical commission,” it said.

The court was hearing a petition filed by the girl through her guardian seeking permission to undergo medical abortion and to direct Safdarjung Hospital to preserve the terminally ill fetus for DNA testing required in the criminal proceedings.

The court was told that the girl was 26 weeks pregnant and was allegedly the victim of a sexual assault in March this year.

The pregnancy was discovered on August 27 when she complained of abdominal pain and was taken to a hospital. The police registered a case of rape and sexual assault.

The Supreme Court issued the order after the report of the medical commission of Safdarjung Hospital made it clear that carrying the pregnancy to term was likely to have adverse effects on the victim's physical and mental health.

It was further reported that the victim and her mother were counselled and informed about the procedural and medical aspects, including possible complications.