Delhi HC Allows Minor To Terminate Pregnancy After Father Fail To Sign Consent Form

The Delhi High Court granted permission to a minor sexual assault survivor to terminate her pregnancy. The 16-year-old girl’s father, who had previously consented to terminate the pregnancy, failed to come forward and fulfill his responsibility of signing the consent form.

A single-judge bench of Justice Dinesh Kumar Sharma allowed the girl to terminate her pregnancy, stating that the court is duty-bound to see the best interests of the survivor.

Delhi HC Allows Minor To Abort

The girl had just two or three days left before completing 24 weeks of pregnancy. So Justice Sharma allowed the superintendent of the Nirmal Chhaya Complex, as the survivors' guardian appointed by the child welfare committee, to sign the consent form. The girl had been under the custody of Nirmal Chhaya Complex since October 17, 2022.

Considering the age of the survivor, Justice Sharma stated that letting her give birth and raise a child "knowing that she herself is just an adolescent and thus is physically and emotionally unprepared to be a parent would be completely inappropriate and improper."

The court observed on March 7 that it will only traumatise the survivor for her "entire life in all manners, including physical, emotional, and mental, given the social, economic, and other factors associated with raising a child."

The court also mentioned that the girl cannot be burdened with the agony of carrying and delivering a child simply because her father failed to fulfill his duty to sign the consent form, which was merely a formality.

The Delhi HC was hearing a plea filed by the minor girl through her father for handing over her custody to him. On March 3, the survivor and her father gave their consent and told the court that they were ready to terminate the pregnancy without any external force, coercion, or fear. The girl’s father also gave his consent, keeping the best interest of his daughter in mind.

However, the standing council stated that the girl’s father did not come forward to sign the consent form on March 6.

A court notice was issued to the father to appear in court on March 7, but the house was found locked and there was no response from him.

The court directed the medical superintendent of Lady Hardinge Medical College to ensure the termination of pregnancy is done by competent doctors. It also said that the state shall bear all expenses for the termination of pregnancy, medicines, food, and further care during recovery.

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