Delhi HC allows 17-year-old rape survivor to end 29-week pregnancy

The Delhi High Court allowed a 17-year-old rape survivor to terminate her 29-week pregnancy. The ruling said the 24-week statutory limit cannot solely determine such pleas.Stock photo used for illustrationNewdelhi,Oct 26, 2026 18:02 ISTThe Delhi High Court has allowed a 17-year-old sexual assault survivor to terminate her 29-week pregnancy, ruling that such requests cannot be decided solely on the statutory limit of 24 weeks, news agency Press Trust of India reported.The court said each case must be examined based on its circumstances, including the pregnant woman's age, the reason for the pregnancy, medical opinion and her rights and interests.Under the Medical Termination of Pregnancy Act, a pregnancy can ordinarily be terminated up to 20 weeks and up to 24 weeks for certain categories, including rape survivors. Beyond 24 weeks, termination is permitted only when a medical board diagnoses substantial foetal abnormalities and a court approves the procedure.Justice Harish Vaidyanathan Shankar, in a judgment passed on October 24, said: “It emerges that the question of medical termination of pregnancy cannot be merely determined or restricted by the statutory period of 24 weeks, but must be examined in the context of the facts and circumstances of each case, including the age and the reason of such pregnancy, the medical opinion placed on record, and the rights and the interest of the pregnant woman.” “It is in the backdrop of the aforesaid legal position and the judicial precedents that this court proceeds to examine the present case,” the judge said.According to PTI, the court noted that the petitioner was a 17-year-old girl whose unwanted pregnancy was stated to have resulted from rape. An FIR had already been registered in connection with the alleged assault. A medical board found the minor medically and psychologically fit to undergo the procedure. “Having regard to the facts and circumstance of the present case, and in light of the opinion of the medical board that the petitioner, that is, the minor victim, is medically fit to undergo the procedure for termination of pregnancy, the present petition is allowed,” the high court said.The court directed doctors at Deen Dayal Upadhyay Hospital to carry out the procedure and preserve foetal tissue for DNA testing required in the criminal case. It also directed the state to bear the cost of the medical procedure.The court said that if the child was born alive, the hospital's medical superintendent must ensure that all possible assistance was provided to the baby. “In that case, as per wish of minor and her family, such child be given in adoption as per prescribed procedure. The identity of the petitioner/minor survivor shall be strictly protected,” it said.The order was passed on a plea filed on behalf of the minor. The girl and her grandmother sought termination of the pregnancy, saying its continuation would cause her grave mental injury and psychological trauma. The court allowed the plea after considering the circumstances and the medical board's opinion.- Ends