The Punjab and Haryana High Court on Monday directed the Haryana government to immediately release an interim compensation of ₹4 lakh to a 14-year-old rape survivor. At the same time, the court declined her plea to terminate a 29-week pregnancy, after a medical board at PGIMER, Chandigarh warned that such a procedure would not be safe for the girl.
The case came before Justice Suvir Sehgal after the girl's mother approached the court, narrating how her daughter, still in school, had been subjected to sexual assault. Following an FIR under the Protection of Children from Sexual Offences Act, the family pressed for urgent medical termination. But the doctors, after evaluating her, said the fetus was almost 30 weeks and the child's vitals her pulse and blood pressure were unstable. They gave a categorical opinion that abortion was not recommended.
Faced with this report, the court said it could not override expert advice.
"Since the doctors have categorically opined against termination, this Court is not inclined to exercise its discretionary power under Article 226," the bench noted.
Still, Justice Sehgal ensured the survivor did not leave the courtroom without some immediate protection. Referring to the Haryana Compensation Scheme for Women Victims/Survivors of Sexual Assault, 2020, he ordered the release of ₹4 lakh as interim relief.
"The Legal Services Authority must also consider her case under Section 396 (4) BNSS or any other suitable scheme, and grant relief expeditiously," the order recorded.
The court issued additional safeguards: PGIMER must admit her whenever necessary and provide full medical support till childbirth. Authorities were also told to preserve the newborn's DNA sample for investigation in the ongoing criminal case. If the girl or her family later decide on adoption, the State will have to take responsibility and ensure proper rehabilitation through legal adoption or foster care channels.
Finally, mindful of the social stigma attached, the bench directed that the identity of the survivor and her family must remain protected at all stages of the proceedings.
With these directions, the court closed the matter, refusing termination but granting compensation and setting out a framework for the minor's care in the months ahead.
Title: XXX v XXX