Delhi HC Permits Minor’s Abortion After Father Fails To Sign Consent Form

The Delhi High Court has recently allowed a 16-year-old girl, an alleged rape survivor, to have her nearly 24-week pregnancy terminated after her father, who had previously consented to the minor’s abortion, failed to appear to sign the consent form.

The court ruled that because the matter was urgent, with only 2-3 days remaining before the legal limit of 24 weeks, the superintendent of the Nirmal Chhaya Complex, where the girl has been staying since October, could sign the consent form. The Child Welfare Committee (CWC) appointed the facility’s superintendent as the girl’s guardian.

Justice Dinesh Kumar Sharma stated that allowing the minor to give birth and raise the child while she is an adolescent and mentally and physically unprepared, will be totally inappropriate and improper.

“This would only lead to her suffering for the rest of her life, be it emotional, physical, or mental, given the social, financial, and other factors associated with raising a child,” the court stated.

According to a medical board report issued last month, the girl is 22 weeks pregnant and is fit to continue the pregnancy or undergo medical termination. The court stated that it was obligated to look out for the girl’s best interests.

“This court believes that the victim’s consent cannot be revoked solely because of an irresponsible act by her father, who, after giving consent, has failed to appear to complete the formalities. The reasons for the father’s actions can later be seen and investigated by the investigation officer during the case investigation,” it stated.

The court was hearing a plea for the minor’s custody, which she had filed through her father. The case was still pending when the court learned that the girl was pregnant, prompting the formation of a medical board.

Following that, the minor and her father informed the High Court that they were ready for a medical abortion. The procedure was approved by the father.

The court had asked the Medical Superintendent of Lady Hardinge Medical College and the medical board to ensure that abortions are performed by competent doctors.

The court also stated that the foetal tissue be preserved for DNA identification and other purposes related to the criminal case involving the sexual assault.

“The state will also pay for the petitioner’s pregnancy termination, as well as her medications and food. The state will also bear all costs for additional care during recovery,” it stated.