In a significant judgment protecting the bodily autonomy and dignity of minor rape victims, the Delhi High Court has held that compelling a girl to carry an unwanted pregnancy resulting from sexual assault amounts to a denial of her right to live with dignity. The Court permitted the medical termination of a 27-week pregnancy of a 15-year-old rape survivor and strongly criticized the delay by the concerned hospital in conducting the required medical examination, despite prior judicial directions.
Background
The 15-year-old petitioner, represented through her father and legal aid counsel, approached the High Court seeking permission to medically terminate a pregnancy resulting from a rape committed by her cousin. The gestational age of the pregnancy had exceeded the statutory limit of 24 weeks under the Medical Termination of Pregnancy Act, 1971 (as amended in 2021).
According to the FIR registered on 9 April 2025 at PS Mayur Vihar under Section 64 of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the Protection of Children from Sexual Offences Act, 2012, the incident had occurred on 1 November 2024 when the victim was home alone with her younger sister.
Upon discovery of the pregnancy in April 2025, the victim and her parents sought medical help at Lal Bahadur Shastri Hospital and were later referred to LNJP Hospital. However, due to the advanced gestational age, the hospital declined to conduct a medical termination without a court order.
Court’s Observations
Justice Swarana Kanta Sharma took note of repeated institutional lapses and delays, including failure by the LNJP Hospital to act in accordance with earlier binding directions issued in Minor R Thr. Mother H v. State (NCT of Delhi) and Minor L Thr. Guardian J v. State & Anr., where the Court had mandated timely medical examination of rape victims and formation of permanent Medical Boards to avoid delays.
The Bench emphasized:
“To force the victim to give birth to child of a man who sexually assaulted [her] would result in unexplainable miseries.”
“Denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity.”
“One will shudder to think what a victim who is carrying such fetus in her womb must be going through each day, being reminded constantly of the sexual assault that she has undergone.”
It noted with concern that the hospital delayed the medical board examination for over a week despite the victim being referred by the Child Welfare Committee (CWC) on 9 April 2025.
Directions Issued
- LNJP Hospital was directed to carry out the termination procedure on 18 April 2025, with full medical precautions.
- The medical board was instructed to preserve fetal tissue for evidentiary purposes in the criminal case.
- All medical and procedural costs were to be borne by the State.
- If the child is born alive, appropriate care must be provided, and the CWC shall act in accordance with law.
- The Superintendent of LNJP Hospital was asked to submit a written explanation for the delay in medical examination and preparation of the report.
Systemic Reforms Ordered
The Court reiterated and extended its earlier directions for systemic improvements:
- All CWCs in Delhi must notify the Delhi High Court Legal Services Committee (DHCLSC) when a rape victim with pregnancy over 24 weeks is referred for MTP, so that urgent legal intervention can be facilitated.
- Medical Boards in hospitals must examine such victims without waiting for a court order, to avoid loss of crucial time.
Conclusion
The judgment underscores the importance of reproductive autonomy and prompt medical support for survivors of sexual violence. The Court observed:
“The present case has once again brought to light the distressing reality that victims of sexual assault… remain unaware of the appropriate legal forum to approach…”
The petition was accordingly allowed and disposed of with directions for immediate implementation and institutional compliance.
