High Court allows 13-yr-old Rape Survivor to Terminate her 24-week Pregnancy

The Bombay HC on Tuesday allowed a 13-year-old rape survivor from Panvel to terminate her 24-week long pregnancy.

The division bench of justice KK Tated allowed the minor to undergo medical termination of her unwanted pregnancy at an authorised medical centre of her choice in view of JJ Hospital medical board’s opinion.

Pursuant to an earlier HC order, the board had submitted a report opining that continuation of the pregnancy may lead to pregnancy-related complications like anaemia, pregnancy-induced hypertension as well as complications during labour.

“It will also have a psychological impact on the pregnant minor,” the report added.

The bench agreed with the opinion.

“There is no doubt that continuance of this pregnancy will cause a grave injury to the mental health of the petitioner,” the bench said & allowed the minor to medically terminate the pregnancy.

The court also said that, in case, the child is born alive & if the petitioner & her parents aren't willing or are not in a position to take responsibility of the child, then the state & its agencies will have to assume full responsibility of the newborn child.

According to the petition filed by the father of the rape survivor, in September & October 2019, the girl was raped thrice by a person, against whom an offence s registered at Panvel police station.

In the 1^st week of Feb 2020, the survivor’s mother suspected something was wrong with the minor & took her to a doctor, who examined her & informed her mother that she was about five months pregnant.

The shocked family then took the girl for further examination at JJ Hospital where it was confirmed that the minor was pregnant.

Her father had to move HC since the pregnancy had crossed the statutorily permissible limit of 20 weeks.

The Medical Termination of Pregnancy Act, 1971 doesn't permit medical termination of pregnancy advanced beyond 20 weeks & the girl was 22 weeks pregnant at the time.

Acting on her father’s petition, the bench had on, Feb 18, directed the medical Board at the JJ Hospital to examine the girl & submit its report.

Accordingly, the medical Board submitted its report, on the basis of the bench passed the order.

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