India – Abortion for Survivors of Sexual Assault: What Are the Delhi HC Guidelines?

The Medical Termination of Pregnancy Act is now to be read with the guidelines issued by the Delhi High Court.

AISHANI MENON
20 Aug 2023

On 9 August, the Delhi High Court added two important guidelines for officers, doctors, and other authorities in cases of medical termination of pregnancy of sexual assault survivors. The court said:

  • The medical termination of the pregnancy is to be carried out with "utmost caution" by the medical professional involved.
  • The investigating officer must ensure that the survivor is taken to the hospital within 24 hours of receiving an order for the medical termination of the pregnancy and ensure that the foetus is preserved (whenever such an order is issued).

The HC issued these guidelines after a 14-year-old survivor of sexual assault and her mother moved court this year, seeking termination of the pregnancy of the minor. She was over 24 weeks pregnant in January.

Continued: https://www.thequint.com/gender/medical-termination-of-pregnancy-delhi-high-court-guidelines-for-sexual-assault-survivors


India: Minor Rape Victim Denied Permission To Terminate Pregnancy As AIIMS Say Mother At Risk

Minor Rape Victim Denied Permission To Terminate Pregnancy As AIIMS Say Mother At Risk
By: LiveLaw News Network
December 22, 2017

The Delhi High Court on Friday declined permission to a minor rape victim to terminate her pregnancy of almost 27 weeks after AIIMS gave a report saying abortion at this age is relatively unsafe for the mother.

In its report placed before a bench of Justice S Muralidhar and Justice IS Mehta, the AIIMS medical board said: “As on December 21, the duration of pregnancy of Ms X (victim, as referred in the court order) according to the LMP is 26 weeks +5 days… At this advanced gestation, the foetus has reached a period of viability and if born at this gestation, has a reasonable chance of survival”.

Continued at source: http://www.livelaw.in/minor-rape-victim-denied-permission-terminate-pregnancy-aiims-say-mother-risk/