Delhi HC orders shifting of minor, who refused MTP, to children’s home for safe delivery

New Delhi: The Delhi High Court ordered that the 14-year-old pregnant minor be transferred to a children’s home for girls in order to ensure the safe delivery of the child after she and her guardian brother refused to consent to a Medical Termination of Pregnancy (MTP).

The minor had moved a plea through her brother (22) seeking medical termination of her 28-week old pregnancy.

The minor got pregnant as a result of physical relations between her and the accused, but later refused to go for termination of the pregnancy and said that she wanted to marry the accused.

An FIR was registered against the accused under Sections 366A and 376(2)(n) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

A bench of Justice Anup Jairam Bhambhani said: “The petitioner be shifted forthwith from ‘Sakhi One-Stop Centre’, IHBAS Hospital Complex, Shahdara, Delhi to Childrens Home for Girls-IV, Nirmal Chayya, New Delhi in terms of the follow-up order dated 31.05.2023 made by the CWC for being put under necessary care and protection, in accordance with the mandate of the Juvenile Justice (Care and Protection of Children) Act 2015, as per their norms and procedure.”

On minor’s counsel urging the court to summon the accused, who has been judicial custody since May 27, in order to know his wishes as the girl desires to marry him, the court refused to enlarge the scope of the petition which was moved seeking MTP noting that termination only requires the consent of the woman.

“In the present case, since the ‘woman’ is in fact a child of about 14 years of age, the law requires that consent be taken from the ‘guardian’ of the woman within the meaning of section 2(a) of the Medical Termination of Pregnancy Act, 1971. In the present case, it appears that the only guardian available, in whose care and custody the petitioner is presently, is her brother ‘D’, who is about 22 years old, who has also expressed both before the Medical Board as also before this court that they do not consent to medical termination of the pregnancy,” Justice Bhambhani said.



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