Cites Risk to Reproductive Health; Bench to Continue Hearing with Medical Board and Family
New Delhi:
The All India Institute of Medical Sciences (AIIMS) on Thursday moved the Delhi High Court challenging a June 30 order by a single judge that allowed a 16-year-old rape survivor to terminate her 27-week pregnancy.
Appearing before a division bench of Chief Justice D.K. Upadhyaya and Justice Anish Dayal, AIIMS argued that terminating the pregnancy at such an advanced gestational stage could seriously compromise the girl’s future reproductive health.
Medical Board Raises Concerns
Representing AIIMS, Additional Solicitor General Aishwarya Bhati emphasized that the AIIMS medical board was not in favour of the procedure, warning of possible long-term harm.
“She does not want the child—understandable—but the termination at this stage could permanently impact her reproductive system,” Bhati submitted, urging the court to act as parens patriae (protector) of the minor.
AIIMS further stated that if the pregnancy had reached 34 weeks, the procedure would be medically safer. But at 27 weeks, termination could likely require a C-section, increasing the risk to the girl’s health.
Court Balances Medical and Mental Health Considerations
The court, while acknowledging AIIMS’s concerns, observed that compelling a rape survivor to continue pregnancy could severely affect her mental well-being, and asked for the presence of the minor’s mother and a member of the medical board when the hearing continues at 2:30 PM.
· Legal Limits Under Scrutiny
- Under the Medical Termination of Pregnancy (MTP) Act, abortions beyond 24 weeks are allowed only under specific circumstances:
- Grave danger to the woman’s life, or
- Severe fetal anomalies
- In this case, the medical board found the girl physically fit, and no anomalies were detected in the fetus. However, the minor and her mother strongly urged for termination, citing mental trauma and inability to cope.
· Case Background
According to the girl’s counsel, the minor was sexually assaulted twice:
- Once during Diwali 2024
- And again in March 2025, which led to the pregnancy
The minor reportedly hid the incidents, and only after a routine medical check-up did the family discover the pregnancy. By the time an FIR was lodged, the gestational age had exceeded 24 weeks, the statutory threshold.
The accused in the March assault case has been arrested, while the other accused remains absconding, the court was informed.
Precedents and Compliance Measures
The single judge had cited previous Supreme Court rulings, where termination was permitted even beyond 27 and 33 weeks, especially in rape cases. The order directed:
- AIIMS to maintain complete records of the termination
- Preservation of fetal tissue for DNA testing related to the ongoing investigation
- State authorities to bear all medical and post-operative expenses
What’s Next?
The court is expected to hear from the minor’s family and the medical board this afternoon, balancing the girl’s right to reproductive autonomy, mental health, and long-term well-being, as AIIMS continues to caution against the medical risks involved in late-stage termination.
