The ruling came after a Medical Board assessed the minor on September 11 and found that the pregnancy was approximately 22 weeks and five days at that stage. By the time the judgment was delivered, the pregnancy had progressed to about 24 weeks and two days, crossing the statutory period referred to under the Medical Termination of Pregnancy Rules.
The High Court held that crossing the 24-week threshold could not, in the particular circumstances of the case, by itself result in denial of constitutional protection. The court said the statutory framework had to be considered alongside its constitutional jurisdiction under Article 226 and the rights and circumstances of the minor.
The Medical Board reportedly found the termination medically feasible, while also noting increased medical risks at the advanced stage, including bleeding, infection and the possible need for a blood transfusion. The court directed the authorities to make arrangements for the procedure at the earliest and ordered that the child receive appropriate psychological counselling and support before and after the procedure.
The court also directed authorities to preserve relevant foetal material for DNA profiling and other examinations required for the ongoing investigation. The alleged offender had not been arrested when the judgment was delivered.
The case highlights the intersection of the Medical Termination of Pregnancy framework, constitutional rights and protections available to minors who become pregnant following sexual assault.
