Delhi HC allows abortion for 16-year-old rape survivor:Victim is 31 weeks pregnant; legal limit is 24 weeks

The Delhi High Court allowed a 16-year-old rape victim to terminate her 31-week pregnancy. The court said it would be unreasonable to expect a minor to give birth to a child and bear the responsibility of raising it. The court said that the right of a minor rape victim to terminate her pregnancy is not limited to the rights of a woman who has suffered sexual violence, but is also linked to human rights. Forcing the victim to continue the pregnancy could affect her right to live with dignity. Under the law, termination of pregnancy is permitted up to 20 weeks in ordinary cases and up to 24 weeks in certain special circumstances, such as in the case of rape victims. Court issues 3 directions; orders preservation of foetal tissue 1. Foetal tissue to be preserved: The victim is already admitted to Lady Hardinge Medical College and Hospital. The court directed doctors to preserve the foetal tissue for possible DNA testing in the criminal case. 2. Medical care if the baby is born alive: The court ordered the state government to bear the entire cost of treatment. It also directed the hospital’s medical superintendent to ensure all possible medical assistance if the baby is born alive during the abortion procedure. 3. Baby may be given up for adoption: The court said the baby could be placed for adoption through the prescribed process if the minor and her family wished. It also directed that the victim’s identity be kept strictly confidential. How likely is a baby to be born alive during an abortion at 31 weeks? At 31 weeks, a foetus is significantly developed. If a baby is born alive during a pregnancy termination at this stage, survival may be possible, but the baby could require immediate specialised medical care in a neonatal intensive care unit (NICU). This is why courts and doctors may direct hospitals to provide immediate medical assistance if a baby is born alive during the procedure. However, this does not mean it will necessarily happen. It is a precautionary measure for a possible outcome.