Pregnant Minor Rape Survivor Agrees To Give Birth After Moving Delhi High Court

A minor rape survivor who moved the Delhi High Court with a plea to terminate her 30-week pregnancy has agreed to give birth to the child, who would be given for adoption.

The 14-year-old girl, who was abandoned by her parents, moved the court through her aunt.

She was raped and impregnated by a cousin and is currently residing at a shelter home in the capital.

Justice Swarana Kanta Sharma's August 18 order observed the survivor was abandoned by both parents and the mother of the rape accused, her aunt, was the only guardian with whom she wanted to reside.

"With these peculiar background circumstances, this court by way of abundant caution, deems it appropriate to hold that the child will need care and protection under the Juvenile Justice Act, 2015 and CWC is directed to independently interact with the child, obtain her opinion and inform this court regarding the same before passing of a final order," the court said.

The survivor and her guardian agreed on giving birth after being counselled about the opinion of the medical board, which examined her and said the termination of her pregnancy was not possible, given the medical complications.

The board opined that any pre-term C-section for delivery or medical termination of pregnancy would pose higher future obstetrical implications, and if undertaken, could adversely affect her future reproductive prospects.

The board's report indicated that at the present gestation period, the child would be born alive, and the doctors have informed the girl and her guardian about the implications of terminating the pregnancy.

The board informed the court that the minor and her guardian were willing to continue with the pregnancy for the next four to six weeks.

The court noted the minor's pregnancy would continue given the statements, and it couldn't direct the termination against their will.

"Considering the above, the prayer to direct the respondents 1 and 2 (Delhi government) to medically terminate the pregnancy of the victim given the Explanation 2, Section 3(2) of the Medical Termination of Pregnancy Act, 1971, will be infructuous," it said.

The court then posted the matter for August 20, when the Child Welfare Committee would submit its report.

The girl learnt about her pregnancy in early August when she saw a doctor. She was already 27 weeks pregnant by then.

She subsequently moved the court after the doctors referred to statutory restrictions under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors. 

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