The Delhi High Court has permitted a 16-year-old minor to undergo a medical termination of pregnancy, as her father did not sign the necessary consent form despite earlier giving consent in court. With only a few days left until the minor reached 24 weeks of pregnancy, Justice Dinesh Kumar Sharma allowed the Superintendent of Nirmal Chhaya Complex, appointed as the minor’s guardian by the Child Welfare Committee, to sign the consent form.
Since October 17 of the previous year, the young victim had been in Nirmal Chhaya Complex’s care. A medical board report from February 24 indicated that the minor was over 22 weeks pregnant and fit to either carry the pregnancy to term or undergo a medical termination. The court determined that it would be improper and unsuitable to require the minor, who is in her adolescent years and not mentally or physically prepared, to give birth and raise a child.
In a March 7th order, the court stated that allowing the victim to give birth and raise a child at her age would subject her to a lifetime of trauma and suffering, including emotional, physical, and mental pain, due to the social, financial, and other challenges associated with parenthood. The court also noted that the victim’s father had given consent for the medical termination of pregnancy in court but had failed to sign the necessary consent form, which is merely a formality. As a result, the court allowed the Superintendent of Nirmal Chhaya Complex, who had been appointed as the victim’s guardian by the Child Welfare Committee, to sign the consent form, as the minor only had two to three days left to complete 24 weeks of pregnancy.
The Delhi High Court was considering a petition filed by the father of a minor seeking custody of his daughter. During the pendency of the case, it was revealed that the victim was pregnant, which led to the formation of a medical board. The victim and her father informed the court on March 03 that they were willing to undergo medical termination of the pregnancy without any pressure, intimidation or coercion, and the father gave his unconditional consent to the procedure in the best interest of the child.
During the hearing of a plea filed by a minor seeking custody from her father, it was revealed that she was pregnant, leading to the formation of a medical board. On March 3, the minor and her father expressed their willingness for medical termination of pregnancy. However, on March 6, the standing counsel informed the court that the father had not signed the consent form. The Amicus Curiae Senior Advocate Rebecca John stated that a notice was issued to the father to appear before the court on March 7, but no response was received as the house was found locked. John also emphasized that there were only a few days left before the minor completed 24 weeks of pregnancy, and after that, termination would become very difficult. The court allowed the minor to undergo the procedure, with the guardian appointed by the Child Welfare Committee signing the consent form in place of the absent father. The court noted that it would be inappropriate to burden the adolescent victim with the agony of bearing a child at her age, given the associated social, financial, and mental factors.
The court ordered the Medical Superintendent of Lady Hardinge Medical College and the Medical Board to ensure that the termination of pregnancy is undertaken by competent doctors in accordance with the MTP Act and other prescribed regulations and guidelines, and the state will bear all expenses related to the termination of pregnancy, as well as for further care during recovery.
In addition, the court emphasized its responsibility to ensure the victim’s well-being even after the medical procedure, given that her father did not sign the consent form. Therefore, it instructed the standing counsel of Delhi High Court Legal Services Committee to devise a comprehensive rehabilitation plan for the minor in coordination with the Delhi High Court Legal Services Authority and Child Welfare Committee.
The court designated the Delhi High Court Legal Service Committee as the main agency to collaborate with other relevant agencies and present the rehabilitation plan to the court.
Source: https://www.livelaw.in/news-updates/delhi-high-court-minor-medical-termination-pregnancy-father-formalities-consent-223576?infinitescroll=1
