A minor Nepalese girl who was a victim of gang rape has been granted permission by the Delhi High Court to terminate her pregnancy at Lok Nayak Jai Prakash (LNJP) Hospital. The pregnancy had exceeded the legal limit of 24 weeks. The court, taking a humanitarian view of the matter, directed that the medical termination of pregnancy be performed as soon as possible by the doctors of LNJP hospital. Justice Prathiba Singh, a single judge bench, interacted with the medical board at the hospital and the victim’s mother before making the decision.
The High Court ordered the medical staff at LNJP to ensure that the girl receives the best possible treatment and post-operative care so that she can recuperate before being discharged. The court also stated that the order was specific to the facts and circumstances of the case.
The court recorded that the family has assured that they would provide adequate care in the nursery of LNJP in case the foetus is born alive, considering the age of the foetus. Anuj Kapoor, the attorney representing the survivor’s mother, said that they would seek appropriate directions if such a situation arises. However, the judge stated that they must care for the infant in the interim period and that they have permission to file the application.
The medical board opined that the pregnancy could be terminated, but there are risks due to the girl’s low haemoglobin and the baby’s gestational age of 27 weeks. Two doctors from the Department of Obstetrics and Gynaecology and Neonatology at LNJP virtually testified before the court, providing this information.
According to Kapoor’s earlier argument, the girl moved in with her parents in India in March of this year and discovered that she was pregnant. She was already 25 weeks pregnant when she approached the relevant authority or doctors to request an abortion. The mother then went to the HC to ask for permission to end her daughter’s pregnancy because it had lasted longer than the legal limit of 24 weeks. On April 21, the HC gave LNJP the go-ahead to form a medical board that would examine the minor girl and provide an opinion.
The petitioner’s claim was that in October 2022, a brutal case of gang rape occurred on her daughter in Nepal. The petitioner and her entire family are citizens of Nepal, and the girl’s parents both had jobs in India. The girl’s mother received counselling about the risks from both doctors who testified before the court. Kapoor stated that they are aware of the risks involved.
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