A 14-year-old rape survivor, who had approached the Delhi High Court seeking permission to terminate her 30-week pregnancy, has decided to give birth to the child, who will subsequently be placed for adoption.
The girl, abandoned by her parents and currently living in a shelter home, was impregnated by her cousin. She had moved the court through her aunt, the mother of the accused, who is her only guardian.
Justice Swarana Kanta Sharma, in her order dated August 18, noted that the minor’s circumstances were unique as she had been deserted by both parents and only wished to stay with her aunt. “With these peculiar background circumstances, this court by way of abundant caution, deems it appropriate to hold that the child will be in need of 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 observed.
The judge further recorded that since the survivor and her guardian had consented to continuing with the pregnancy, the plea for termination under the Medical Termination of Pregnancy (MTP) Act, 1971 had become infructuous.
The girl and her guardian reached the decision after being counselled on the medical implications. A board of doctors, which examined her, advised against termination at such an advanced stage, warning that a pre-term C-section or abortion could severely compromise her future reproductive health.
The medical report also clarified that, at this stage of gestation, any termination procedure would likely result in the child being born alive, and informed both the girl and her guardian of the risks involved. Following this, they agreed to continue with the pregnancy for another four to six weeks.
The court has directed the Child Welfare Committee (CWC) to file a report after interacting with the minor and will hear the matter again on August 20. The court also emphasised that the child, once born, will be treated as in need of care and protection under the Juvenile Justice Act, paving the way for adoption.
The girl reportedly discovered her pregnancy only in early August, by which time she was already 27 weeks pregnant. Doctors had pointed out that the statutory upper limit for medical termination under the MTP Act is 20 weeks in general cases and 24 weeks for rape survivors, making her plea legally untenable.
