In a significant ruling, a division bench of the Delhi High Court on Thursday overturned a single judge’s order that had allowed a 16-year-old survivor of sexual assault to terminate her 26-week pregnancy, holding that such a late-term abortion would amount to foeticide — a criminal offence under Indian law.
The bench, comprising Chief Justice D.K. Upadhyay and Justice Anish Dayal, modified the June 30 order passed by Justice Manoj Jain, which had directed AIIMS to carry out the termination on July 1. Instead, the bench directed that the pregnancy be continued until at least 34 weeks, stating that “life in any form is very, very important” and that the state must strive to protect it.
“Terminating the pregnancy at this stage will involve foeticide. It amounts to an offence in criminal law. Don’t ask us to be a party in that… Law does not sanction that. It would amount to killing,” the bench observed.
The court relied on the expert report of the AIIMS medical board, which warned that induced termination at 26 weeks could impair the girl’s future reproductive health and carry significant risks for the fetus, including neurological morbidities and a low survival rate of 70%. The board recommended that the pregnancy be continued for another 4–6 weeks for a safer delivery.
Under the Medical Termination of Pregnancy (MTP) Act, termination beyond 24 weeks is permitted only in cases of severe fetal abnormalities or grave danger to the woman’s life. The court emphasized that neither condition was met in this case.
The minor, who was sexually assaulted twice — once last year and again in March — did not inform her family until a medical examination on June 21 confirmed her pregnancy. A rape case was subsequently registered. Justice Jain, in his earlier order, had allowed the termination citing the “grave mental trauma” suffered by the girl, but the division bench ruled that the medical board’s opinion must prevail.
Noting the psychological and physical challenges involved, the court ordered that the minor be allowed to stay at AIIMS for the remainder of the pregnancy and until she is medically fit after delivery. It further directed AIIMS to provide free medical care to both mother and child for the next five years.
The Delhi government’s women and child development department has been instructed to submit an affidavit by the next hearing, scheduled for October 15, outlining support measures — including free education and vocational training — for the minor and the newborn.
While acknowledging the tragic circumstances of the case, the court concluded, “Unfortunate things happen to everyone but one has to learn to live with it… Every endeavour must be taken by the state to protect lives.”
