Delhi HC Grants Permission To Minor Rape Victim From Nepal To Undergo MTP

The Delhi High Court on Friday granted a juvenile rape victim from Nepal the right to a medical abortion at 27 weeks of gestation period.

“Accordingly, given that the child and family are Nepalese citizens, this court orders that the pregnancy be terminated as soon as possible by the doctors at LNJP hospital,” Justice Prathiba M Singh directed.

The court was hearing a petition filed by the victim’s mother seeking orders to allow her minor daughter’s pregnancy to be terminated.

Her daughter was victim to a brutal gang rape in Nepal in October last year, when she and her husband were working in Delhi.

The court was informed that the minor girl discovered she was pregnant after returning to India to live with her parents in March.

However, by the time she sought termination of the pregnancy from the concerned authorities, the gestation period had already reached 25 weeks.

During today’s hearing, two doctors from LNJP hospital informed the court that, while the medical board believes that the medical termination of pregnancy might proceed, there is a risk to the minor because her hemoglobin level is low and the gestational period is 27 weeks.

The court was also informed that both the mother and the minor victim had been informed of the risk involved. The counsel appearing for the petitioner-mother stated that they are aware of the risks.

Allowing the medical abortion, the court ordered the hospital’s medical team to guarantee that the minor receives the best possible treatment and post-operative care so that she heals and is discharged only after that.

“The order is being passed in light of the peculiar facts and circumstances of the case. The family has assured [the court] that if the baby is born alive, the family will provide adequate care,” the court recorded.