In the matter of MS. X THR. HER NATURAL GUARDIAN /FATHER AND ANR., the High Court of Delhi allowed a minor to take an Abortion when her father, who had earlier consented to the procedure, failed to come forward to fulfil the formality of signing the consent form.

The minor is said to be 16yrs old. The Court noted that only two or three days were left for the child to complete 24 weeks of pregnancy, keeping this thought in mind, Court allowed to Terminate the Baby. 

The bench headed by Justice Dinesh Kumar Sharma 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.

As per the Reports, of 24th February, the minor was pregnant for more than 22 weeks. It further, states that the minor is fit to continue her pregnancy or undergo a medical termination. The court observed that allowing the minor victim to give birth and raise a child, knowing that she herself is in her adolescent age and mentally and physically unprepared, would be “totally inappropriate and improper.”

“This would only be leading her to trauma for her entire life and miseries in all manners be it emotional, physical and mental, given the social, financial and other factors that are associated with raising a child,” the court said in an order dated March 07.

Case Brief:

In the said matter, the Court was hearing a plea filed by the minor through her father for handing over her custody to him. It was informed that the victim was carrying the pregnancy which led to the formation of the medical board.

On March 03, the minor victim as well as her father told the court that they were ready for medical termination of pregnancy without any fear, force or coercion. The father also said that he was giving his unconditional consent for the procedure in the best interests of the child.

However, in the hearing on March 06, the counsel member informed that the victim’s father was not coming forward to sign the consent form. Amicus Curiae Senior Advocate Rebecca John informed the court that a notice was issued to the father for appearing before the court on March 07, however, the house was found locked and no response was received from him.

Further, he said that there were only a few days left for the victim to complete 24 weeks of pregnancy and that it would become very difficult to undergo termination if the time period is over. It was also submitted that since the father of the victim had duly given his consent before the court, the formality of signing the consent form can be dispensed with.

Allowing the medical termination of pregnancy, Justice Sharma said that being a constitutional court, it is duty-bound to see the best interest of the victim.

“This Court considers that in view of the consent given by the victim, the same cannot be frustrated only on the account of the irresponsible act of her father who after giving the consent not come forward to fulfil the formalities. The reasons for this act of the father can later be seen and inquired into by the investigation officer during the investigation of the case,” the court said.

“The State shall also bear all expenses necessary for the termination of pregnancy of the petitioner, her medicines, food etc. The State shall also bear all expenses for further care during recovery,” it said.

“The Delhi High Court Legal Service Committee shall be the Nodal Agency to coordinate with all the other agencies and present a plan before this Court for the rehabilitation and well-being of the child,” the court said.

The date of the hearing is on 5th April, 2023.