On Friday, April 28, the Delhi High Court allowed a minor victim of rape from Nepal to undergo medical termination of her 27-week pregnancy. Notably, the permissible limit for the termination of pregnancy is 24 weeks of gestation period.
The court issued the order after two doctors from Lok Nayak Jai Prakash (LNJP) Hospital informed it that, while the medical board believes that a medical termination of pregnancy is possible, there is a risk to the minor because her haemoglobin level is low and the gestational period is 27 weeks.
“Accordingly in view of the fact that though the child and family are Nepalese citizens, this court directs that the termination of pregnancy is effected as soon as possible by the doctors at LNJP hospital,” Justice Prathiba M Singh ordered.
The court was hearing a plea moved by the victim’s mother seeking direction to allow the termination of the pregnancy of her minor daughter.
The court was informed that the girl discovered she was pregnant after moving in with her parents in India in March, but by the time she requested the appropriate authorities for a pregnancy termination, the gestation period had already reached 25 weeks.
The court allowed the MTP and instructed the hospital’s medical staff to make sure that the minor receives the finest pre-and post-operative care possible before being released.
“The order is being passed in the peculiar facts and circumstances of the case. The family has assured (the court) that if the baby is born alive, the family would give adequate care,” the court said.
Notably, in March 2021, the Rajya Sabha passed the Medical Termination of Pregnancy (Amendment) Bill, 2021 which extended the upper limit for abortions to 24 weeks from 20 weeks. The Bill was approved in Lok Sabha on 17th March 2020.