Court invokes extraordinary jurisdiction to protect minor's mental health, orders termination at AIIMS with state bearing expenses.
In a landmark judgment, the Delhi High Court has allowed the medical termination of a pregnancy for a minor rape victim whose gestation period exceeded the statutory limit set by the Medical Termination of Pregnancy Act, 1971. The decision, delivered by Ms. Mini Pushkarna, J., highlights the court's commitment to safeguarding the mental and physical well-being of the minor, emphasizing her fundamental rights under Article 21 of the Indian Constitution.
The petitioner, a 15-year-old minor represented by her father, sought the court's intervention to terminate her pregnancy, which had reached 26-28 weeks. The statutory limit under the amended MTP Act is 24 weeks; however, the court recognized its extraordinary jurisdiction to permit termination in exceptional cases such as this, where continuation of the pregnancy posed grave mental injury to the victim.
The court was guided by a comprehensive report from the Medical Board of AIIMS, New Delhi, which supported the termination on medical grounds, highlighting the adverse psychological impact on the minor. The government of NCT of Delhi expressed no objection to the procedure, aligning with the medical opinion provided.
The judgment draws on past precedents and underscores the constitutional right to reproductive autonomy, bodily integrity, and decisional autonomy as fundamental rights intrinsic to personal liberty. The court directed that the termination procedure be carried out by a competent medical team at AIIMS, with all expenses covered by the state. Additionally, the court ordered the preservation of fetal tissue for DNA testing related to the ongoing criminal case.
In a compassionate move, the court also laid out provisions for the welfare of the unborn child, should it be born alive, ensuring medical support and the possibility of adoption as per prescribed procedures, thereby safeguarding the interests of both the child and the minor mother.
Bottom Line:
Constitutional Courts can invoke their extraordinary jurisdiction to permit medical termination of pregnancy beyond the statutory limit of 24 weeks under the MTP Act in cases involving minors who are victims of rape, considering the grave mental injury and trauma inflicted upon them.
Statutory provision(s):
Medical Termination of Pregnancy Act, 1971, Sections 3 and 5; Constitution of India, Article 21; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528.
Minor R v. State NCT of Delhi, (Delhi) : Law Finder Doc id # 2929073
