HC sets up 'Medical Panel' to advise MTP of teen raped by father

The Bombay High Court has directed a medical board of the state-run JJ Hospital to examine a 13-year-old and submit a report whether medical termination of her almost 24 weeks pregnancy (MTP) can be allowed.

The minor was allegedly sexually assaulted by her father.

The direction by a bench of Justices Ramesh Dhanuka and Abhay Ahuja, vis videocon, on May 22 came on the girl's petition, filed through her mother, who is a pavement dweller in South Mumbai.

The petition stated that the minor was raped by her father when she stayed at her aunt's residence in Thane. As he had threatened her with dire consequences, the girl did not inform anyone of the incident.

She confided in her aunt on May 14, 2020 and following she was taken to a hospital where it was revealed that she is pregnant. A first information report was lodged by the girl and her mother against the father under Sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act (POCSO).

The petition said an ultrasonography done recently showed she was 22 weeks pregnant. Her mother took her to J J Hospital for an MTP on May 20, but was told her daughter is almost 24 weeks pregnant. Also that since the foetus is more than 20 weeks old, she will require the high court's permission.

The petitioner's advocate Aditi Saxena said the father is absconding. The judges observed that if the allegations of rape made against the father "are true, it is unfortunate." In their order, they noted, "Police will take appropriate steps to trace the father of the child and to investigate the complaint in accordance with law. We hope that the authority shall complete the investigation expeditiously."

They constituted the medical board comprising the dean, heads of the departments of psychiatry, paediatric cardiac surgery, radiology and two other doctors who would be suitable according to the dean.

Saxena agreed that the minor would remain present before the board on Saturday. Posting the matter on May 26, 2020 , the judges directed the board to advise if MTP can be allowed "after onsidering the danger to the life of the mother as well as danger to the life of the foetus if medical termination of pregnancy is not permitted."

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