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Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report

Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report

Time of India4 hours ago

New Delhi: A 16-year-old minor victim of sexual assault sought the
Delhi High Court
's nod on Friday to terminate her 26-week-old pregnancy.
Taking note of her plight, HC asked for a report about the feasibility of carrying out the termination procedure from the All-India Institute of Medical Sciences (AIIMS) after it was informed that, on intimation of the police, the hospital set up a board on Friday itself.
"Keeping in mind the urgency cited, the above medical board is directed to conduct the necessary medical examination and to give the requisite report. Let such report be transmitted to this Court in a sealed envelope on or before 30 June 2025, or the investigating officer of the case would be permitted to collect such sealed envelope, containing the report, from the concerned medical board," Justice Manoj Jain noted.
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The girl, who was sexually assaulted twice, moved the court through her mother and informed her that she is currently at an approximate 26-week gestational period as per the latest ultrasound findings.
Since the current gestational age is beyond the permissible limit of 24 weeks, the mother sought the intervention of the HC for termination of the pregnancy, claiming that the minor learnt only on 21 June 2025 that she was pregnant.
Through their counsel, the mother-daughter duo said she wants to terminate the pregnancy arising out of the alleged sexual assault and sought that a medical board be constituted to submit its medical opinion in terms of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
The plea also sought a clear direction to the authorities to medically terminate such pregnancy as she is not willing to continue with it.
It was also submitted that since the pregnancy is a direct consequence of sexual assault, the anguish caused by such pregnancy is required to be presumed as a grave injury to her mental health.
Aware of the urgency of the situation, as the minor is a victim of sexual assault, the court asked AIIMS to immediately examine the victim and furnish a report so that it can take a call if she is fit to undergo the procedure.
Last year, the HC, in a separate matter of a widow suffering from depression, recalled its nod for termination of the fetus after AIIMS, where the woman was medically examined, opined against it. In its report, AIIMS said as per the MTP Act, the provision of termination of pregnancies beyond 24 weeks is to be done for fetuses having significant abnormalities and "feticide in this case is neither justified nor ethical as the fetus is grossly normal.
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Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report
Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report

Time of India

time4 hours ago

  • Time of India

Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report

New Delhi: A 16-year-old minor victim of sexual assault sought the Delhi High Court 's nod on Friday to terminate her 26-week-old pregnancy. Taking note of her plight, HC asked for a report about the feasibility of carrying out the termination procedure from the All-India Institute of Medical Sciences (AIIMS) after it was informed that, on intimation of the police, the hospital set up a board on Friday itself. "Keeping in mind the urgency cited, the above medical board is directed to conduct the necessary medical examination and to give the requisite report. Let such report be transmitted to this Court in a sealed envelope on or before 30 June 2025, or the investigating officer of the case would be permitted to collect such sealed envelope, containing the report, from the concerned medical board," Justice Manoj Jain noted. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi The girl, who was sexually assaulted twice, moved the court through her mother and informed her that she is currently at an approximate 26-week gestational period as per the latest ultrasound findings. Since the current gestational age is beyond the permissible limit of 24 weeks, the mother sought the intervention of the HC for termination of the pregnancy, claiming that the minor learnt only on 21 June 2025 that she was pregnant. Through their counsel, the mother-daughter duo said she wants to terminate the pregnancy arising out of the alleged sexual assault and sought that a medical board be constituted to submit its medical opinion in terms of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971. The plea also sought a clear direction to the authorities to medically terminate such pregnancy as she is not willing to continue with it. It was also submitted that since the pregnancy is a direct consequence of sexual assault, the anguish caused by such pregnancy is required to be presumed as a grave injury to her mental health. Aware of the urgency of the situation, as the minor is a victim of sexual assault, the court asked AIIMS to immediately examine the victim and furnish a report so that it can take a call if she is fit to undergo the procedure. Last year, the HC, in a separate matter of a widow suffering from depression, recalled its nod for termination of the fetus after AIIMS, where the woman was medically examined, opined against it. In its report, AIIMS said as per the MTP Act, the provision of termination of pregnancies beyond 24 weeks is to be done for fetuses having significant abnormalities and "feticide in this case is neither justified nor ethical as the fetus is grossly normal. "

Delhi HC extends Geeta Arora's suspension of sentence till next date
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India Gazette

time5 hours ago

  • India Gazette

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Woman Wants To Access Dead Son's 'Frozen Semen'. Bombay High Court Steps In
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  • NDTV

Woman Wants To Access Dead Son's 'Frozen Semen'. Bombay High Court Steps In

Mumbai: The Bombay High Court, in an interim order, has directed a city-based fertility centre to preserve the frozen semen of a dead man pending hearing of a petition by his mother who wants to use the fluid to continue the family line. The woman moved the HC after the fertility centre refused to release the frozen semen to her as the man, in his consent forms, had sought for the sperm carrying fluid to be discarded post-death. The man had chosen to freeze his semen when he was undergoing chemotherapy, a cancer treatment. A bench of Justice Manish Pitale on June 25 noted that if the frozen semen of the dead man is discarded pending hearing of the plea, then it would become infructuous. The court posted the petition for further hearing on July 30. "In the meanwhile, as an interim direction, the fertility centre is directed to ensure safe-keeping and storage of the frozen sample of the dead, during pendency of the petition," the court ordered. The bench noted that the petition raises important questions with regard to the manner in which the semen of a person is to be preserved after his death under provisions of the Assisted Reproductive Technology (Regulation) Act, 2021. The court pointed out that in the present case, the man was unmarried at the time of his death in February. The woman, in her plea, argued her son had, without consulting family members, in his consent forms agreed to have the frozen semen discarded if he dies. After his death, the mother sought the Mumbai-based fertility centre to provide access to transfer the sample to a Gujarat-based IVF centre for future course of action. The fertility centre, however, refused and asked the mother to obtain authorization from court under the new Act, which seeks to regulate and supervise assisted reproductive technology (ART) clinics. The legislation also aims to ensure ethical practices, prevent misuse, and protect the rights of individuals seeking ART services.

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