The All India Institue of Medical Science (AIIMS) in Delhi has moved against a single judge’s June 30 order allowing the minor sexual assault survivor to terminate her then 26-week pregnancy.
In the court, it was put on record that the medical board was not in favour of allowing the termination of pregnancy in view of the advanced gestational age requiring most likely a cesarean section procedure which could adversely affect the girl's future reproductive health.
The medical board said that the girl was otherwise physically fit. However, the girl and her mother insisted on not continuing with the pregnancy.
She moved the court after the doctors expressed their inability to proceed due to the statutory restrictions provided under the MTP Act, limiting such procedures to 20 weeks in ordinary cases and 24 weeks in certain categories such as rape survivors.
According to the girl's lawyer, the minor was sexually assaulted by a man during Diwali in 2024 but she did not disclose the incident to anyone.
She was again sexually assaulted in March by another person, resulting in her pregnancy, her lawyer said.
She learnt about the pregnancy only when she went to a doctor with her sister and when her family members got to know, she confided in them about the sexual assault, leading to the filing of the FIR.
At the time of the FIR in June, the gestational age exceeded the prescribed 24-week limit.
The police arrested the accused of the March sexual assault incident whereas the man who assaulted her last year is yet to be nabbed, the court was informed.
The single judge in its order recorded judgments, including that of the Supreme Court, in which pregnancy was allowed to be terminated in cases where gestational period exceeded 27 weeks and even of 33 weeks.
The AIIMS doctors, as a result, were ordered to maintain a complete record of the procedure aside from preserving the fetus tissue, which could be required for DNA identification and investigation purposes.
The court further directed the state authorities to bear all the expenses of the medical procedure, the girl's stay at the hospital and the expenditure of post-operative care.
Discover the latest Business News, Sensex, and Nifty updates. Obtain Personal Finance insights, tax queries, and expert opinions on Moneycontrol or download the Moneycontrol App to stay updated!
