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A bench of Justice Mukta Gupta of the Delhi High Court has permitted a 17-year-old rape survivor to medically terminate her pregnancy of 24 weeks and directed to preserve DNA test samples for analysis by a forensic lab.

The petitioner had approached the Delhi High Court with prayers to direct the All India Institute of Medical Sciences (AIIMS) hospital to constitute a Board and submit an opinion for the medical termination of pregnancy of the petitioner as warranted under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971 (in short the MTP Act) and to direct respondents to medically terminate the pregnancy.

An FIR under Section 363 IPC was lodged by the mother of the petitioner after the petitioner had left her house on May 23, 2021 at about 10:00 a.m. without telling anybody and her mobile was found switched off, suspecting that she had been kidnapped.

When the petitioner came back to her home after three days, she did not make any allegation of sexual assault, however, later her statement was recorded, and it was found that she had conceived and she named the accused who had committed sexual assault on her.

The petitioner claimed termination of pregnancy on the ground that she is a minor and unable to bear the pregnancy at this tender age as also unable to take the responsibility of a child.

On October 28, the court had directed AIIMS to constitute a Medical Board to examine the petitioner and consider the feasibility of termination of pregnancy.

The Medical Board, as per the report dated October 29, had found that the petitioner suffered from no medical co-morbidity and medical termination of pregnancy can be performed.

Thus, the Court ordered the medical termination of pregnancy of the petitioner at the earliest and after the medical termination is conducted, samples for DNA tests have also been ordered to be preserved so that the same can be analyzed by the FSL.

Cause Title: Minor M Thr Sister S V. State Of Nct Of Delhi & Anr