New Delhi [India], June 28 : The Delhi High Court has directed a medical board constituted at the All india Institute of Medical Science (AIIMS) to examine a minor who seeks to abort her pregnancy.
Minor is a victim of sexual assault and is seeking permission to abort her 26-week pregnancy. She has approached the High Court through her mother.
Justice Manoj Jain directed the medical board to examine the minor and file a report. "Keeping in mind the urgency cited, the above Medical Board is directed to conduct the necessary medical examination and to give the requisite report," Justice Jain ordered on June 27.
Justice Jain also directed that such a report be transmitted to this Court in a sealed envelope on or before 30.06.2025, or in the alternative, the investigating officer of the case would be permitted to collect such a sealed envelope, containing the report, from the concerned medical board.
The matter has been listed for hearing on June 30. The court noted the fact that the petitioner is interested in the termination of the pregnancy, and it is in the aforementioned backdrop that she prayed that a medical board be constituted to submit an opinion on medical termination of pregnancy in terms of the Medical Termination of Pregnancy Act, 1971. She prayed to further direct her to medically terminate her pregnancy.
Advocate Anwesh Madhukar, counsel for the petitioner, submitted that the petitioner is not willing to continue with the pregnancy, and this sentiment has been echoed by her mother, who was present during the hearing.
It is 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 the Medical Termination of Pregnancy Act, 1971.
Standing counsel Sanjay Lap submitted that on the basis of request made by petitioner, AIIMS has already constituted a Medical Board itself.