The court was hearing a petition filed by the minor through her father, seeking handing over her custody to him. (Image/ANI)
Justice Dinesh Kumar Sharma observed that it would be completely unfair and unjustified to allow the minor victim to give birth and bring up the child knowing that she herself is a teenager and is not mentally and physically ready
The Delhi High Court has allowed a 16-year-old girl, who is a victim of alleged sexual assault, to terminate her pregnancy around 24 weeks after her father, who had earlier given consent for the minor’s abortion, signed a consent form. did not come forward to ,
The high court noted the urgency of the matter, as only 2-3 days were left before reaching the legal limit of 24 weeks for medical termination of pregnancy, the superintendent of Nirmal Chhaya Complex, where the girls have been staying since October last year You can sign the consent form. The superintendent of the facility was appointed as the guardian of the girl by the Child Welfare Committee (CWC).
Justice Dinesh Kumar Sharma said that it would be completely unfair and unjustified to allow the minor victim to give birth and bring up the child knowing that she herself is a teenager and is not mentally and physically ready.
The High Court said, “It will only lead her to trauma and all kinds of miseries for the rest of her life, be it emotional, physical and mental, considering the social, financial and other factors that are associated with child rearing. “
According to a February 24 report of a medical board, the minor was 22-weeks pregnant and fit to continue the pregnancy or undergo medical termination of foetus.
The High Court said, being a constitutional court, it is duty bound to look into the best interest of the victim.
“This Court holds that in view of the consent given by the victim, it cannot be frustrated merely because of the irresponsible act of her father, who has not come forward to complete the formalities after giving the consent. This act of the father The reasons for the same can be seen later and can be inquired into by the investigating officer during the investigation of the case.”
The court was hearing a petition filed by the minor through her father, seeking handing over her custody to him.
While the case was pending, the court was informed that the victim was pregnant which led to the constitution of a medical board.
Thereafter, the minor and her father told the High Court that they were ready to undergo abortion without any fear, force and coercion and the father also gave his unconditional consent for the procedure in the best interest of the child.
For conducting the medical procedure, the High Court asked the Medical Superintendent and Medical Board of Lady Hardinge Medical College to ensure that termination of pregnancy is carried out by competent doctors in accordance with the Abortion Act and other rules, regulations and guidelines. Fixed.
It added that the doctors shall also preserve the fetal tissue as it may be required for DNA identification and all other purposes in the context of the criminal case registered in connection with the sexual assault.
It added, “The State shall also bear all the expenses required for the petitioner’s abortion, her medicines, food etc. The State shall also bear all the expenses for further care during convalescence.”
It also directed the Standing Counsel of the Delhi High Court Legal Services Committee to make an appropriate plan for the rehabilitation of the minor in consultation with the Delhi High Court Legal Services Authority and the Child Welfare Committee.
“The Delhi High Court Legal Services Committee shall be the nodal agency to coordinate with all other agencies and to place before this court a plan for the rehabilitation and well-being of the child,” the court said.
read all latest india news Here
(This story has not been edited by News18 staff and is published from a syndicated news agency feed)