Daijiworld Media Network - New Delhi

New Delhi, Oct 20: The High Court has permitted the termination of a 31-week pregnancy of a 16-year-old rape survivor, observing that it would be inappropriate to expect a minor to bear the burden of childbirth and raising a child.

Justice Mini Pushkarna said termination of pregnancy in the case of a minor rape survivor must be recognised not merely as a right of a sexually assaulted woman but also as a human right. Denying such relief, the court observed, could undermine the survivor's right to live with dignity.

The court noted that the girl was still in her adolescence and should not be expected to take on the responsibility of giving birth to and raising a child in such circumstances.

Under the Medical Termination of Pregnancy Act, abortion is generally permitted up to 20 weeks of gestation, with the limit extended to 24 weeks for certain categories, including rape survivors, subject to the applicable legal conditions.

The court considered the medical board's opinion that the girl was fit to undergo the termination procedure and allowed her plea.

It directed the state government to bear the expenses of the procedure. The court also ordered that if the baby is born alive, the hospital's medical superintendent must ensure that all possible medical assistance is provided to the newborn.