Delhi High Court allows minor rape victim from Nepal to undergo MTP

New Delhi: The Delhi High Court on Friday allowed a minor rape victim from Nepal to undergo Medical Termination of Pregnancy (MTP).

Justice Prathiba M. Singh was dealing with the plea moved by the victim's mother seeking the court's direction to allow the procedure on her daughter who was 27 weeks pregnant.

"Accordingly in view of the fact that though the child and family are Nepalese citizens, this court directs that the termination of pregnancy is affected to as soon as possible by the doctors at LNJP Hospital," the court ordered.

The mother had claimed that her daughter was subjected to a brutal gang rape in Nepal last October when she and her husband were working in Delhi.

The court was informed that the minor girl realised that she was pregnant after moving to India to her parents in March.

However, the gestation period had already reached 25 weeks by the time she contacted the appropriate authorities to end the pregnancy.

Although the medical board believes that the medical termination of the pregnancy could move forward, two doctors from LNJP hospital told the court during Friday's hearing that there was risk to the minor because of her low haemoglobin level and the pregnancy's 27-week gestational period.

The mother and the victim were both advised of the risk, it was also disclosed to the court. The counsel representing the mother stated that they are aware of the risks.

The court allowed the MTP and instructed the hospital's medical staff to make sure that the minor receives the finest pre- and post-operative care possible before being released.

"The order is being passed in the peculiar facts and circumstances of the case. The family has assured (the court) that if the baby is born alive, the family would give adequate care...," the court recorded.