New Delhi: The Delhi High Court today came to the aid of a 20-year-old rape survivor by allowing her to terminate her eight week pregnancy which she alleged was a result of the sexual assault on her.
Justice Vibhu Bakhru noted that under the law, pregnancy of less than 12 weeks can be terminated if a medical practitioner comes to the conclusion that it would cause harm, including mental trauma, to the mother.
The court said in the instant case, as per the facts and circumstances, it saw no reason for a medical practitioner not to accept her plea for terminating the pregnancy.
It allowed the survivor to approach Lady Hardinge Medical College, as desired by her, for medical termination of her pregnancy.
The court directed that a female police official should accompany her to the hospital where the termination would be carried out at the state's expense, as the victim belonged to the economically weaker strata of the society.
It also granted her additional plea for preservation of tissue samples of the foetus for the purpose of DNA testing.
The court directed the hospital to preserve a tissue sample with itself and forward the remaining to the investigating officer (IO) probing the rape case.
The police was directed to take requisite steps for sending the tissue samples for DNA testing so that the results can be used during the trial of the case.
With the directions, the Delhi High Court disposed of the victim's plea claiming she was repeatedly raped by the accused between February 14 to August 29 this year.
She has alleged that the accused initially raped her by drugging her and he also took embarrassing and compromising photographs and videos of her.
Thereafter, by threatening to leak the pictures and videos he repeatedly raped her, she has alleged in her petition.
An FIR was lodged by her on September 17, 2017, and when her medical examination was carried out, she realised she was pregnant, the plea said.
The victim had initially moved an application before the Additional Chief Metropolitan Magistrate (ACMM) in Tis Hazari court on September 20 for permission to medically terminate her pregnancy.
However, the magisterial court had declined to grant any relief, saying it was not the appropriate forum.
Justice Vibhu Bakhru noted that under the law, pregnancy of less than 12 weeks can be terminated if a medical practitioner comes to the conclusion that it would cause harm, including mental trauma, to the mother.
The court said in the instant case, as per the facts and circumstances, it saw no reason for a medical practitioner not to accept her plea for terminating the pregnancy.
The court directed that a female police official should accompany her to the hospital where the termination would be carried out at the state's expense, as the victim belonged to the economically weaker strata of the society.
Advertisement
The court directed the hospital to preserve a tissue sample with itself and forward the remaining to the investigating officer (IO) probing the rape case.
Advertisement
With the directions, the Delhi High Court disposed of the victim's plea claiming she was repeatedly raped by the accused between February 14 to August 29 this year.
Advertisement
Thereafter, by threatening to leak the pictures and videos he repeatedly raped her, she has alleged in her petition.
Advertisement
The victim had initially moved an application before the Additional Chief Metropolitan Magistrate (ACMM) in Tis Hazari court on September 20 for permission to medically terminate her pregnancy.
Advertisement
COMMENTS
Advertisement
Rajasthan High Court Declines 11-Year-Old Rape Survivor's Request To End Pregnancy Inside Story: How Chief Justice Fast-Tracked Rape Survivor's Abortion Request Court Issues Guidelines For Termination Of Pregnancies Of Rape Survivors The 'Fake' CrowdStrike Worker Who Crippled Windows Users Worldwide Over 300 Indian Students Return As Quota Row Sparks Violence In Bangladesh 500 Para Commandos To Hunt Pakistani Terrorists In Jammu After Attacks Movie Tickets, OTT Subscriptions To Get Costlier As Karnataka Plans 2% Cess Delhi Lt Governor vs AAP Over Arvind Kejriwal's Blood Sugar Levels Study Abroad: Top 10 Management Universities In United States Of America Track Latest News Live on NDTV.com and get news updates from India and around the world.