3 min readNew DelhiJun 25, 2026 10:55 PM IST
The Delhi High Court on Wednesday allowed a minor sexual assault survivor to medically terminate her 28-week pregnancy, observing that such a permission — that goes beyond the 24-week timeline prescribed by law — can be granted in view of grave mental injury and trauma inflicted upon the girl.
This comes less than a week after All India Institute of Medical Science (AIIMS) okayed the termination in a report dated June 19, stating that its continuation was likely to have an “adverse impact” on the minor.
“…although the Medical Termination of Pregnancy Act (MTP Act) does not provide for termination of pregnancy over the gestational age 24 weeks, the extraordinary jurisdiction of the constitutional courts can be invoked for termination of pregnancy in cases of rape, as in such cases, grave mental injury and trauma is inflicted upon the mind of the minor,” Justice Mini Pushkarna said in her order.
“The Medical Board of AIIMS, New Delhi, conducted a thorough clinical assessment of the petitioner, including obstetric ultrasound, psychiatric and psychological evaluation. After the clinical assessment, the Medical Board of AIIMS, New Delhi, has clearly given its opinion that the termination of pregnancy can be allowed as continuation of the pregnancy is likely to have an adverse psychological impact on the minor petitioner,” she added.
In its medical report, AIIMS, had concluded that the petitioner was medically fit to undergo the procedure for medical termination of pregnancy and that continuing the pregnancy would likely have an adverse psychological impact on the minor.
The Delhi government said that it had no objection if the termination was carried out in this case. “The petitioner is permitted to get herself admitted at AIIMS, New Delhi, on the strength of the present order for medical termination of her pregnancy. Let the procedure for termination of pregnancy be carried out by a team of competent doctors (as per law),” the court added.
Justice Pushkarna directed authorities to offer medical support and assistance to the victim in case the child is born alive. “In case the child is born alive, the Medical Superintendent, AIIMS, New Delhi, in conjunction with the State Authorities would ensure that medical support, as well as every possible and feasible assistance is offered to such child, and the child shall be kept in an incubator…in that case, as per the wish of the minor and her father, such child be given in adoption as per the prescribed procedure,” she said in her order.
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The court also directed AIIMS Delhi to preserve the foetus tissue for DNA testing, which would be required in the criminal case against the accused.
The court also further stated that the Delhi government would bear the expenses of the pregnancy. “Needless to say, respondent no. 2, i.e., Government of National Capital Territory of Delhi (GNCTD) shall bear all the expenses necessary for the termination of the pregnancy of the minor in question and her stay at the hospital during such period. The expenditure towards the post-operative period shall also be borne by the State,” it said.
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