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HC overturns its nod for minor to end pregnancy

Hindustan Times Gurugram

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July 04, 2025

A division bench of the Delhi high court on Thursday overturned a single judge's June 30 order allowing a 16-year-old survivor of two separate sexual assaults to terminate her 26-week pregnancy, and directed her to continue the same till 34 weeks, observing that permitting termination of a viable foetus would amount to foeticide, which is a criminal offence.

- Shruti Kakkar

Under the Medical Termination of Pregnancy (MTP) Act, abortions are permitted up to 20 weeks. A bench of chief justice DK Upadhyay and justice Anish Dayal emphasised that the law sanctions termination of pregnancy beyond 24 weeks only in cases involving substantial foetal abnormalities, or when the continuation of the pregnancy poses a grave risk to the woman's health.

Even though the court called the case unfortunate, it ruled that it was the state's responsibility to protect lives in all forms.

The court passed the order after the victim agreed to continue with her pregnancy in light of the adverse findings and suggestions of the AIIMS medical board and the submissions of one of the members of the medical board.

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