The Delhi High Court has granted permission to a 16-year-old minor to undergo a medical termination of pregnancy. The minor’s father had initially given consent for the procedure in court but failed to sign the required consent form. With only a few days left before the 24-week limit, the court allowed the Superintendent of Nirmal Chhaya Complex, who had been appointed as the minor’s guardian by the Child Welfare Committee, to sign the consent form instead.
The minor victim had been in the custody of Nirmal Chhaya Complex since October 17 of the previous year. According to the medical board’s report from February 24, the minor was more than 22 weeks pregnant and fit to either continue her pregnancy or undergo a medical termination. The court noted that it would be entirely inappropriate and unsuitable to allow the young victim to give birth and care for a child, given her adolescent age and lack of mental and physical preparedness.
In its order dated March 7, the court stated that allowing the minor victim to give birth and raise a child would lead to emotional, physical, and mental trauma and miseries, given the associated social, financial, and other factors. The court noted that the victim is in her adolescent age and is mentally and physically unprepared for such responsibilities.
Additionally, the court observed that the victim’s father, who had given consent for the medical termination of pregnancy before the court, had failed to sign the required consent form, which was only a formality. Therefore, the court allowed the Superintendent of Nirmal Chhaya Complex, who was appointed as the victim’s guardian by the Child Welfare Committee, to sign the consent form.
A petition was filed by the father on behalf of the minor seeking custody of her. During the pendency of the matter, it was discovered that she was pregnant, leading to the formation of a medical board. On March 3, the victim and her father informed the court that they were willing to undergo the medical termination of pregnancy without any pressure or threat. The father also stated that he was granting his consent for the procedure unconditionally in the best interest of the child.
The standing counsel raised the issue on March 06 that the victim’s father had not signed the consent form. The court-appointed Amicus Curiae, Senior Advocate Rebecca John, informed the court that a notice had been issued to the father to appear before the court on March 07, but he could not be found as his house was locked and he did not respond. John further stated that there were only a few days left for the victim to complete 24 weeks of pregnancy and if the termination is not done before that, it would become extremely difficult to undergo the procedure.
The Delhi High Court has granted permission for a 16-year-old minor to undergo medical termination of pregnancy, even though her father failed to sign the consent form. The minor had earlier obtained her father’s consent for the procedure, but he did not come forward to fulfil the formality of signing the consent form. As there were only a few days left for the minor to complete 24 weeks of pregnancy, the court allowed the Superintendent of Nirmal Chhaya Complex, who was appointed as the victim’s guardian by the Child Welfare Committee, to sign the consent form. The court noted that burdening the minor with the agony of raising a child at her age would be inappropriate and improper. The court directed the Medical Superintendent of Lady Hardinge Medical College and the Medical Board to ensure that the termination of pregnancy is carried out by competent doctors in accordance with the MTP Act and other rules and regulations. The state was ordered to bear all expenses related to the termination of pregnancy, as well as any necessary medical care during recovery.
The court also stated that it has a responsibility to ensure the welfare of the victim even after the medical termination of pregnancy, particularly as her father has not fulfilled the formality of signing the consent form.
Hence, the court instructed the standing counsel of Delhi High Court Legal Services Committee to formulate a suitable rehabilitation plan for the minor in consultation with the Delhi High Court Legal Services Authority and the Child Welfare Committee.
The court designated the Delhi High Court Legal Service Committee as the primary agency to coordinate with other organizations and present a plan to the court for the rehabilitation and welfare of the child.
Source: https://www.livelaw.in/news-updates/delhi-high-court-minor-medical-termination-pregnancy-father-formalities-consent-223576
