Delhi HC Allows Minor Gangrape Victim from Nepal to Terminate 27-Week Pregnancy

The Delhi High Court on Friday allowed a minor victim of gangrape from Nepal to undergo medical termination of her 27-week pregnancy.

The court passed the order after two doctors from Lok Nayak Jai Prakash (LNJP) Hospital informed it that though the medical board is of the opinion that the medical termination of pregnancy could be done, there is a risk to the minor as her haemoglobin level is low and the gestational period is 27 weeks.

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The order came on a plea by the victim’s mother who submitted that her daughter was brutally gang-raped in Nepal in October 2022 while she and her husband were working in Delhi and sought to terminate the girl’s pregnancy.

“Accordingly, in view of the fact that though the child and family are Nepal(ese) citizens, this court directs that the termination of pregnancy is effected as soon as possible by the doctors at LNJP Hospital,” Justice Prathiba M Singh said.

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The court was informed that the girl realised that she was pregnant after moving in with her parents in India in March but by the time she approached the concerned authorities for the termination of pregnancy, the gestation period was already 25 weeks.

The permissible limit for the termination of pregnancy is 24 weeks gestation period.

The court also asked the doctors to ensure that the best possible post-operative care is given to the girl so that she recovers and is discharged only then.

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It noted that the family has assured that if the baby is born alive, they would provide adequate care.

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