The Delhi High Court has allowed a 16-year-old rape victim to terminate her 31-week pregnancy

The Delhi High Court observed that termination of pregnancy if a minor is a rape victim must be recognized as a human right as it affects the dignified existence of the victim if the same is not permitted. | Photo credit: The Hindu

The Delhi High Court allowed the termination of a 16-year-old sexual assault victim’s 31-week pregnancy, saying it would not be appropriate to expect a minor to bear the burden of bearing and raising a child.

The Supreme Court observed that termination of pregnancy if a minor is a rape victim cannot be limited to being defined as a right of a sexually assaulted woman but must also be recognized as a human right as it affects the dignified existence of the victim if the same is not allowed.

“Therefore, it was held that it would not be appropriate to expect a minor rape victim to shoulder the burden of bearing and raising a child, especially in a situation where she herself is going through puberty,” Justice Mini Pushkarna said.

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Under the Medical Termination of Pregnancy Act, the procedure can be performed up to 20 weeks of pregnancy in normal cases and 24 weeks in certain categories such as rape survivors.

The court noted that according to the opinion of the medical board, the girl was medically fit to undergo the termination of pregnancy procedure and allowed the prayer in the best interest of the minor survivors.

The court, which was informed that the victim had already been admitted to the Lady Hardinge Medical College and Hospital in New Delhi, directed the doctors to preserve the fetal tissue for DNA testing that would be required in the criminal case.

It directed the state to bear the cost of the medical procedure and said that in case the child is born alive, the medical superintendent of the hospital will ensure that all possible help is offered to the child.

“In such event, at the request of the minor and her family, such child shall be placed for adoption. The identity of the petitioner/survivor of the minor shall be strictly protected.”

The court issued the order based on a lawsuit filed on behalf of a girl who became pregnant after being sexually assaulted. The victim and her mother wished to terminate the pregnancy, as its continuation would lead to severe mental harm to the minor petitioner.

Published – 19 Oct 2026 16:51 IST