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Permission to Terminate Pregnancy Denied to Minor Rape Victim after AIIMS says Mother is at Risk

The AIIMS medical board in its report submitted that the duration of pregnancy of the victim who is being referred as Ms. X in the court as on december is 26 weeks, 5 days. The foetus at this advance stage of pregnancy has reached a period of viability and if born will have a chance of survival.
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Minor rape victim with pregnancy of 27 weeks has been denied permission by the Delhi High Court to terminate the pregnancy after submission of report by the AIIMS stating that the abortion at this stage is not safe for the mother.

The report was submitted before the bench of Justice S Muralidhar and Justice IS Mehta. The AIIMS medical board in its report submitted that the duration of pregnancy of the victim who is being referred as Ms. X in the court as on december is 26 weeks, 5 days. The foetus at this advance stage of pregnancy has reached a period of viability and if born will have a chance of survival.

However the board added that if the foetus is born at this gestation, the baby for a long period will require intensive care and can develop lot of complications including adverse neurologicals consequences at later stage in the life. The report further stated that termination of pregnancy is relatively unsafe for the mother as well at this stage.

The court has directed the AIIMS to submit this report after the advocate representing the victim submitted before the court that the AIIMS has refused to terminate the pregnancy of victim and the refusal by AIIMS has forced the victim to approach the court.

The court has declined the permission to terminate the pregnancy based on the report of the AIIMS medical board.

The court has further directed the victim to file an affidavit which clearly states that she wants to terminate her pregnancy in light of the facts that initially she wanted to continue with the pregnancy then later when she appeared before the Child Welfare Committee she stated that she want to abort the child and she further changed her mind when she visited AIIMS where she told the doctor that she would like to continue the pregnancy.

Later, for seeking permission for termination of her pregnancy she approached the court through her father.

In the instant case, after her father filed a writ of habeas corpus before the Delhi High Court, the girl was recovered from the Bulandshahr, Uttar Pradesh. During that time she submitted before the court that she had eloped with the accused and has married him, is pregnant with his child and do not wish to return to her parents.

The accused man was arrested on November 27 and the girl was sent to Prayas juvenile centre.

However, on 8 december, the victim submitted before the child welfare committee that she wish to terminate the pregnancy following which she was sent to AIIMS for the abortion procedure. At AIIMS, she told the doctor that she wants to continue with the pregnancy and did not wish to abort. Later, she approached the court for seeking permission for termination of the pregnancy. When asked by the judges in the chambers she submitted that she wish to terminate the pregnancy.

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Reviewed by:
Mehak Sharma
Published on 23rd Dec, 2017
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