Let doctors decide if minor can abort: Delhi High Court

Hours after the Supreme Court on Monday announced its decision to allow a rape survivor from Mumbai to abort her 24-week-old abnormal foetus, a High Court here directed that a medical board be constituted by the All India Institute of Medical Sciences (AIIMS) to determine and decide if there is a threat to the life of a 16-year-old if her pregnancy is continued.

Justice AK Pathak, who took the recent ruling of the Supreme Court in to consideration and also other recent judgments by other state high courts, observed: "It would be appropriate to leave it to the experts a decision on whether the continuance of pregnancy is a threat to the life of Ms. X."

The rape survivor had first approached the HC on July 18. However, a report submitted by the Deen Dayal University, as directed by the HC, was inconclusive as it stated that the continuation of the pregnancy would be a threat to the minor's life, and an abortion at this late stage (almost 7 months) would also be harmful to the mother. Justice Pathak dismissed the report on account of its ambiguity and on the fact that a clinical psychologist was absent during evaluation of the minor – as mandated.

"If the experts decide to go ahead with the termination, the doctors shall perform the necessary surgery without further instructions from the court," the court added.

According to the Medical Termination of Pregnancy Act (MTPA), 1971 – that was challenged by the minor, a woman is permitted to terminate her pregnancy between 12 to 20 weeks, only if two registered practitioners express their unanimous opinion that continuation of pregnancy would threaten the mother's life or that the foetus has severe abnormalities.

However, there is a provision in the Act that allows the termination of pregnancy after 24 weeks if there is a threat to the life of the mother. The HC perceived mental stress to include suicide and included that as a danger to the life of the mother.

Additional Standing Counsel Nandita Rao, appearing for the state said, "Justice Pathak, in view of the young age of the victim and the unfortunate circumstance of her pregnancy, has handled the case with great sensitivity."

In an event of an abortion, the court further directed tissue samples of the foetus to be preserved as samples for the investigation and prosecution in the rape case the minor has filed against her rapists.

According to a First Information Report filed (FIR), the minor was kidnapped by two persons, Naresh and Rahul Bhandari, and illegally detained by them since January 30, 2014. More than two years later the minor returned back to her parents. In June, the minor discovered she was almost 22 weeks pregnant, after which she sought the court's permission to terminate her pregnancy.