New Delhi [India], June 30 : The Delhi High Court on Monday allowed a minor to terminate her 26-week pregnancy after reviewing the medical report submitted by the All India Institute of Medical Sciences (AIIMS).
The minor, a sexual assault survivor, sought permission to abort her 26-week pregnancy. She approached the High Court through her mother.
Justice Manoj Jain allowed the petition, which was moved on behalf of the minor by her mother.
A detailed judgment is to be uploaded by the High Court.
The court noted that the petitioner wished to terminate the pregnancy and, in that context, had requested the constitution of a medical board to provide an opinion in accordance with the Medical Termination of Pregnancy Act, 1971. She also sought directions for the medical termination of the pregnancy.
Advocate Anwesh Madhukar, counsel for the petitioner, submitted that the petitioner is not willing to continue with the pregnancy, a sentiment echoed by her mother, who was present during the hearing.
It was also submitted that since pregnancy is a direct result of sexual assault, anguish caused by such pregnancy is required to be presumed as a grave injury to the mental health of the minor victim in terms of Explanation II of Section 3(2)(b) of Medical Termination of Pregnancy Act, 1971.
An FIR has been registered in this case under sections of rape and POCSO. During the arguements, Advocate Anwesh Madhukar referred to judgements favouring the petitioner wherein the medical termination of pregnancy was permitted in pregnancies of more than 26 weeks.