A minor rape victim filed a plea in the Delhi High Court on Monday by seeking permission to terminate her 24-week pregnancy.
The plea is listed for hearing on Tuesday before Justice Vibhu Bakhru.
The petition, filed through the 16-year-old girl's mother, is aggrieved as Section 3 of the Medical Termination of Pregnancy Act does not permit termination of pregnancy in case the period of gestation is more than 20 weeks.
The plea filed through advocates Anwesh Madhukar and Prachi Nirwan, said the pregnancy poses a substantial risk to the girl as she herself is of tender age.
It said the rape victim was examined by doctors at a government hospital here on January 25 and she was found to be 24 weeks pregnant.
Pursuant to this, a case of rape and criminal intimidation was lodged at Swaroop Nagar police station here.
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The doctor has opined that since the period of gestation is more than 20 weeks, it is beyond the permissible limit and court's permission is required for pregnancy termination.
The Union Cabinet had last Wednesday approved extending the upper limit for permitting abortions from the present 20 weeks to 24 weeks for "special categories of women" which would include rape survivors, victims of incest, differently-abled and minors, an official statement said.
The Cabinet gave its nod to the Medical Termination of Pregnancy (Amendment) Bill, 2020 to amend the Medical Termination of Pregnancy Act, 1971 and it would be introduced in the Budget session of Parliament beginning January 31.