Minor S Through Her Mother v. State NCT Of Delhi And ANR

$~105 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2200/2024 MINOR S THROUGH HER MOTHER .....Petitioner Through:

Mr. Archit Upadhyay, Advocate with Petitioner in-person.

versus STATE NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Rahul Tyagi, ASC (CRL) with Mr. Sangeet Sibou, Mr. Jatin, Ms.

Priya Rai, Mr. Mathew M. Philip and Mr. Abhishek Tomar, Advocates for the State.

SI Sonia, PS Defence Colony

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 24.07.2024 CRL.M.A. 21536/2024 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2200/2024 1.

The Petitioner, who is a minor girl of about 14 years of age, has approached this Court seeking a direction to permit her to terminate her pregnancy under the Medical Termination of Pregnancy Act, 1971. 2.

The Petitioner had approached the AIIMS, New Delhi, for termination of her pregnancy. A report dated 15.07.2024 from the AIIMS has been received and the same reads as under:

W.P.(CRL) 2200/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

A perusal of the abovementioned opinion shows that the medical Board of the AIIMS has allowed the termination of the pregnancy of the W.P.(CRL) 2200/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner. The Board was of the opinion that there is a high risk of adverse long-term neurodevelopmental outcomes, including cerebral palsy, if the baby survives the delivery at this stage.

4.

Dr. J. B. Sharma, Professor, Department of Obs. & Gynae, AIIMS, and the learned Counsel for the AIIMS, have joined the proceedings through Video Conferencing.

5.

Though the duration of the pregnancy of the Petitioner has exceeded the time limit prescribed under the MTP Act but keeping in mind the fact that the Petitioner is a victim of offences under Section 376 IPC read with Section 6 of the POCSO Act and in view of the opinion of the Medical Board of the AIIMS, this Court is inclined to permit the termination of the pregnancy of the Petitioner herein in the mode and manner as suggested by the AIIMS.

6.

The Writ Petition is disposed of with these directions, along with the pending applications, if any.

7.

Let this Order be given Dasti under the signatures of the Court Master.

SUBRAMONIUM PRASAD, J JULY 24, 2024 Rahul W.P.(CRL) 2200/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.