“Forcing a minor to carry a pregnancy caused by rape is a violation of her right to dignity,” the Delhi High Court said on Thursday, while allowing the termination of a 27-week pregnancy of a 15-year-old girl.
The girl, who was allegedly raped by her cousin last year, approached the court through her father, seeking permission for an abortion. The pregnancy had crossed the 24-week legal limit under the Medical Termination of Pregnancy (MTP) Act.
In a strong-worded judgment, Justice Swarana Kanta Sharma said, “Denying her the right to say no to motherhood amounts to denying her the right to live with dignity.”
The court was also critical of the LNJP Hospital, which delayed forming a medical board for over a week—even though it was directed by the Child Welfare Committee (CWC) to act urgently. The judge pointed out that this delay ignored earlier court rulings that hospitals must examine rape survivors immediately and form permanent medical boards to avoid such delays.
“One shudders to think what a victim must go through each day, carrying a pregnancy that reminds her of sexual assault,” the court said.
The court ordered the hospital to perform the abortion on April 18, with all costs covered by the state. It also directed that if the baby is born alive during the procedure, the child must be given proper care and protection under the law.
Further, the LNJP Hospital Superintendent has been asked to explain the delay in writing. The court also called for systemic reforms—including mandatory alerts to legal aid committees whenever a minor rape survivor with advanced pregnancy is referred for medical termination.
The case was registered in April 2025 at Mayur Vihar police station. According to the complaint, the incident happened in November 2024 when the girl was at home with her younger sister.
