The Delhi High Court Tuesday directed the Safdarjung Hospital medical board to terminate the pregnancy of a minor victim of sexual assault who is pregnant over 25 weeks on Wednesday. A single judge bench of Justice Prathiba Singh interacted with the medical board who joined the proceedings through video conferencing. The HC asked the board if the minor was examined and went on to state that she is only 13 years old and will not be able to raise the child if the termination is not done. On Monday the HC had directed the medical board to examine the minor and apprise the court of the risks involved in both continuation and the termination of the girl's pregnancy. The medical board comprising Dr. Shefali Gupta, Dr Yamini Sarwal, Dr Anita Yadav and Dr Bindu Bajaj informed the court that there will be risk if the girl continues with the pregnancy or even if it is terminated. The court was informed that that termination will be first attempted by medicines, and if unsuccessful, they will resort to surgery. The board said they understood the circumstances of the minor; however, they were waiting for a court order to go ahead with the termination since the period of gestation was over 24 weeks, and there was no gross congenital anomaly in the foetus. After interacting with the board, the HC observed, that "it appears that there are risks involved for the petitioner in the termination of pregnancy as also in continuing with the pregnancy". The court however considered that the minor girl is "only 13 years old and is stated to be a victim of sexual assault and an FIR has already been registered" and that she does not wish to carry on with the pregnancy, noting that the girl’s mother who was her legal guardian had confirmed this stand. “Under these circumstances keeping in mind the interest of the life of the petitioner, her tender age, her education, and keeping in mind the social circumstances, even though the gestational period is more than 25 weeks, this court is of the opinion that the pregnancy is terminated,” the HC said. The HC directed the team of doctors at Safdarjung hospital to go ahead with the medical termination of pregnancy tomorrow itself. It noted that the doctors at Safdarjung hospital had assured that they would give the best possible treatment to the minor girl. The HC directed that the sample of the foetus be preserved for the purpose of the criminal case. The HC also directed that the cost of the MTP will be borne by the Ministry of Health and Family Welfare, Government of India, and the District Child Protection Unit will release Rs 10,000 for the immediate nutrition and other medical needs of the minor girl post termination. The plea moved by advocate Shreyans Singhvi states that if the minor is compelled to go through with the pregnancy, it shall be tantamount to egregious invasion of her right to life as guaranteed by Article 21 of the Constitution. The plea states that this incident has caused grave anguish and mental agony to the minor and her family.
