The Delhi high court on Monday allowed a 16-year-old survivor of two separate sexual assaults to terminate her 26-week pregnancy, despite a contrary recommendation from medical experts at the All India Institute of Medical Sciences (AIIMS), New Delhi. Under the Medical Termination of Pregnancy (MTP) Act, abortions are legally permitted up to 20 weeks. (HT Archive)

Calling the case “unfortunate”, justice Manoj Jain observed that the pregnancy, a result of sexual assault, had caused the girl “grave mental injury and serious mental trauma”.

“The physical fitness of the minor is not in doubt, as this has been certified. However, AIIMS has expressed reservations about terminating the pregnancy. That said, it is not difficult for this court to understand the grave mental injury inflicted upon the minor. The situation is unfortunate,” the court said.

The girl was allegedly assaulted twice by different men—once during Diwali last year and again in March. She did not reveal either incident until June 21, when a medical consultation with her sister confirmed that she was 26 weeks pregnant. She then informed her parents, following which an FIR of rape was filed.

Given that the pregnancy had crossed 24 weeks—the legal threshold for termination in most circumstances—she approached the high court through her mother, seeking permission to terminate it.

Under the Medical Termination of Pregnancy (MTP) Act, abortions are legally permitted up to 20 weeks. Following a 2021 amendment, certain categories of women—including survivors of sexual assault—may terminate pregnancies up to 24 weeks, with medical board approval. The law also permits courts to allow termination beyond 24 weeks in exceptional cases involving foetal abnormalities or serious risks to the woman’s mental or physical health.

The high court had on June 27 directed AIIMS to examine the minor and submit a report. On Monday, the court noted that while the AIIMS panel found the girl physically fit for the procedure, it advised against termination citing that even though she was physically fit to undergo the abortion, the procedure had the likelihood of adversely affecting her capability of conceiving in the future..

Nevertheless, acknowledging the psychological toll on the minor, the court directed AIIMS to proceed with the termination and asked the Delhi government to bear the costs of the procedure and post-operative care.

“Keeping in mind the overall circumstances and the fact that the minor is a survivor of twin sexual assaults, the petition is disposed of with the following directions: The medical superintendent, AIIMS, shall ensure the termination is carried out without delay, by a team of competent doctors, in line with the MTP Act and related guidelines,” the court said.

It also directed that the foetus be preserved for DNA testing and further investigation into sexual assault case.