Teen abandoned by parents, ‘raped' by cousin, moves Delhi HC to terminate 28-week pregnancy

Indian Express

14 hours ago

On August 14, a minor rape survivor, through her aunt, moved the Delhi High Court seeking termination of her over 28-week pregnancy. The case presented a unique situation, as the aunt — her legal guardian — is also the mother of the rape accused.
In its order issued Monday, the court noted that the child has been abandoned by both parents, and the only guardian she wants to stay with is the mother of the accused. It sought a report from the Child Welfare Committee (CWC) in response to the petition, observing that the child will be 'in need of care and protection' as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.
A medical examination conducted at AIIMS, New Delhi, had revealed that the pregnancy had progressed to over 29 weeks and involved a viable foetus in breech position, indicating a possible need for a pre-term caesarean section. Citing the high-risk nature of the pregnancy, AIIMS informed Justice Swarana Kanta Sharma that both the survivor and her guardian had consented on Monday to continue with the pregnancy.
Given the peculiar circumstances — where the minor's parents are absent and her only guardian is the rape accused's mother — the court had inquired from AIIMS New Delhi if she could be housed in the hospital until her delivery and even few weeks after. The hospital, had instead, recommended that she be kept at a women's shelter home.
Dr. Vidushi Kulshreshtha, a professor in the Department of Obstetrics and a member of the Medical Board that advised against the termination, appeared virtually before the court and informed that the minor had previously expressed discomfort with staying at the hospital. She further noted that with only 33 beds available in the department, admitting the minor long-term would deprive other patients of necessary care. Dr Kulshreshtha recommended that the minor could instead be housed at a facility run by the CWC.
In its order on Monday, the court recorded: 'In these circumstances… (of) the child, being abandoned by both parents and the mother of the accused being the only guardian with whom the victim wants to reside… this court, by way of abundant caution, deems it appropriate to hold that the child will be in need of care and protection under the Juvenile Justice Act, 2015. The CWC is directed to independently interact with the child, obtain her opinion, and inform this court… before passing a final order.'
The court further directed that once the minor is discharged from AIIMS and shifted to the CWC-administered shelter home, 'instead of being produced before the CWC, the members of the Committee shall meet her at Nirmal Chhaya and prepare a report regarding her willingness to continue with the pregnancy.'
The court has now posted the matter next for August 20, when the CWC is expected to submit its report.