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IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Minor L Thr Guardian J. - Appellant
Versus
State & Anr. - Respondents
W.P. (Cr) 3239 of 2023
Decided On : 03-11-2023
Medical Termination of Pregnancy - Minor Victim - Medical Termination of Pregnancy Act, 1971, Section 3(2)(b), Section 3(2C), Section 3(2D), Medical Termination of Pregnancy Rules 2003 - The court discussed the statutory framework governing medical termination of pregnancy of rape victims where the pregnancy exceeds the gestational period of 24 weeks. It highlighted the provisions of Section 3(2)(b) and the categories of women eligible for termination of pregnancy up to twenty-four weeks under the Medical Termination of Pregnancy Rules 2003. The court also emphasized the right to make reproductive choices and decisions as an integral part of the right to dignity under Article 21 of the Indian Constitution. The judgment referenced previous cases where termination of pregnancies of more than 24 weeks in cases of rape victims was allowed. It also outlined guidelines and directions for medical termination of pregnancy of rape victims, emphasizing the need for expeditious action to safeguard the physical and mental well-being of the victim.
Fact of the Case:
The case involved a 16-year-old victim seeking medical termination of pregnancy due to sexual assault. The victim had lost both her parents and was living with her aunt. She had lodged a complaint regarding molestation by her paternal uncle and later admitted that the pregnancy was a result of sexual assault by a boy named Aryan. The petitioner sought directions for the formation of a medical board and medical termination of the pregnancy.
Finding of the Court:
The court found that the victim, being a minor and a victim of sexual assault, fell under the special categories eligible for termination of pregnancy up to twenty-four weeks as per the Medical Termination of Pregnancy Rules 2003. It noted the failure to comply with previous guidelines and directions for medical termination of pregnancy of rape victims and expressed strong disapproval of the lack of adherence to its orders. The court emphasized the urgency of the situation and issued specific directions for the immediate examination and potential termination of the pregnancy, highlighting the importance of expeditious action to protect the victim's well-being.
Issues: The issues involved the eligibility for medical termination of pregnancy of a minor victim of sexual assault, the compliance with previous guidelines and directions, and the urgency of the situation due to the advanced stage of the pregnancy.
Ratio Decidendi: The court's decision was based on the statutory framework of the Medical Termination of Pregnancy Act, 1971, and the Medical Termination of Pregnancy Rules 2003, emphasizing the special categories of women eligible for termination of pregnancy up to twenty-four weeks. It also considered the right to make reproductive choices and decisions as an integral part of the right to dignity under Article 21 of the Indian Constitution. The court's decision was influenced by previous cases where termination of pregnancies of more than 24 weeks in cases of rape victims was allowed, and it highlighted the need for expeditious action to safeguard the physical and mental well-being of the victim.
Final Decision: The court directed the immediate examination of the victim by a medical board and, if deemed fit, the medical termination of the pregnancy, with specific instructions for the process and preservation of the foetus for DNA testing. It also emphasized the need for compliance with its directions and issued specific directives to the concerned authorities for future compliance.
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL.M.A. 30111/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P. (CRL) 3239/2023
3. The instant writ petition under Article 226 read with Article 21 of Constitution of India as well as Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed seeking following reliefs:
"i) Direct the Respondent No. 2 to form a board comprising not less than two registered medical practitioners and submit an opinion qua the medical termination of pregnancy of the Petitioner as warranted under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, and;
ii) Further direct the Respondents No.1 & 2 to medically terminate the pregnancy of the Victim/Petitioner in view of the Explanation No. 2, Section 3(2) of the Medical Termination of Pregnancy Act, 1970 (as amended till date), and
iii) Direct Respondent No. 1 to bear all the expenses necessary for the termination of the pregnancy of the Victim, her medicines, food etc; and
iv) Direct the Respondent No. 2 to preserve the terminal feotus for the purposes of DNA testing which would be required with reference to the criminal case which stands registered: and/or
v) Pass any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. The present case unfolds the unfortunate tale of a 16 years old victim who is carrying pregnancy of gestational period of 25 weeks, seeking medical termination of pregnancy. The victim having lost both her parents is presently living with her aunt. She had lodged a complaint with the police regarding molestation by her paternal uncle, however, during her medical examination, when she discovered that she was pregnant, she admitted that the pregnancy was a result of her relationship with a boy named Aryan, who had sexually assaulted her in his flat. On 31.10.2023, the petitioner had approached CWC, District Shahdara and North West with a request of terminating a foetus. The CWC had sought medical opinion from the designated hospital and had adjourned the case to 13.11.2023. The petitioner had again approached respondent no. 2 hospital with request to termination of pregnancy which was orally dismissed since the current gestational age of the foetus was beyond 24 weeks.
5. By way of this petition, the medical termination of pregnancy of the victim has been sought since the minor victim in this case has conceived due to sexual assault.
6. Learned counsel for the petitioner submits that the victim herein is a minor girl child of 16 years who is a victim of sexual assault and unwanted pregnancy and thus, the petitioner has approached this Court seeking issuance of directions for forming of medical board, submitting an opinion qua the medical termination of pregnancy of the victim child petitioner and for medical termination of the pregnancy of petitioner/victim. It is stated that since the pregnancy is a result of sexual assault and the victim child herein is only 16 years of age, appropriate direction be issued for termination of pregnancy, after directing respondent no. 2 i.e. G.T.B. hospital, Delhi to constitute a medical board for termination of pregnancy and preserving the foetus for the purpose of DNA test.
7. In the present case, CWC had passed certain direction vide order dated 31.10.2023, the relevant portion of which reads as under:
"Directions
1. The Child is handed over to IO and is directed to seek proper medical opinion in this matter from the designated hospital as per the prevailing laws and take an appropriate action for the well-being of the child. Further submit the report before CWC-V on or before the next date of follow up.
2. BBA is directed to assign the support person in this matter to provide emotional and psychological support to the child and submit the report on the next date of the follow up.
3. DCPU-II is directed to conduct the SIR and submit the report on the next date of the follow up.
Next date
The central legal point established in the judgment is the eligibility for medical termination of pregnancy of a minor victim of sexual assault under the statutory framework of the Medical Terminatio....
The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.
The court cannot permit medical termination of pregnancy at an advanced gestational stage if a duly constituted Medical Board concludes that such a procedure poses a serious threat to the life and he....
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
Termination of pregnancy beyond 24 weeks is permitted only for substantial foetal abnormalities or immediate health risks; in absence, proper medical care must be ensured.
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