The All India Institute of Medical Sciences (AIIMS) on Thursday approached the Delhi High Court against a June 30 order by a single-judge bench that permitted the termination of a 27-week pregnancy of a 16-year-old rape survivor.
Arguing before a bench of Chief Justice D K Upadhyaya and Justice Anish Dayal, AIIMS expressed concern that the late-term termination could jeopardise the girl's future reproductive health.
Additional Solicitor General Aishwarya Bhati, representing AIIMS, informed the court that the medical board believed the girl’s health needed protection, and terminating the pregnancy at this stage could lead to complications.
Court raises concerns over mental health impact
The bench remarked that forcing a rape survivor to continue an unwanted pregnancy could cause severe psychological distress. “Advising a rape victim to prolong her pregnancy will entail anxiety,” the court observed, acknowledging the serious impact on her mental well-being.
Bhati explained that under the Medical Termination of Pregnancy (MTP) Act, termination beyond 24 weeks is only allowed if the woman’s life is at risk or if the fetus has serious abnormalities. In this case, the medical board had not found such conditions present and was therefore not in favor of proceeding.
However, Bhati told the bench that if the pregnancy continued until 34 weeks, termination would still be medically feasible. She emphasised that AIIMS’ decision to appeal the earlier ruling was based on concerns for the girl's well-being and reproductive future.
Survivor’s plea and timeline of events
The survivor and her mother had insisted on not continuing the pregnancy. The minor had approached the court after doctors cited legal limitations under the MTP Act, which generally restricts termination beyond 24 weeks unless exceptional conditions are met.
According to her lawyer, the minor was first sexually assaulted during Diwali in 2024, but did not disclose the incident. She was sexually assaulted again in March 2025 by another person, which resulted in the pregnancy. She only discovered the pregnancy during a medical visit with her sister, after which she revealed the assaults to her family, leading to the registration of an FIR.
At the time of the FIR in June, the pregnancy had already crossed 24 weeks. While the accused in the March incident has been arrested, the perpetrator of the earlier assault remains at large.
Court order based on precedents, ensures legal compliance
The single-judge bench cited multiple Supreme Court judgments that allowed pregnancy termination even beyond 27 and 33 weeks in exceptional cases. The order also directed AIIMS to keep complete procedural records and preserve fetus tissue for DNA testing as part of the ongoing investigation.
Furthermore, the court instructed state authorities to bear all expenses related to the procedure, hospital stay, and post-operative care for the minor.
(With PTI inputs)
