The High Court of Punjab and Haryana while allowing a minor rape victim to terminate over 12 weeks of pregnancy observed that where the denial of dignity and social as well as family acceptance or approval is writing on the wall, it compounds the agony of the child and leads to greater injustice.
Brief Facts:
The present petition was filed by the mother of a 15 years old rape victim seeking termination of over 12 weeks of pregnancy under the Medical Termination of Pregnancy Act, 1971.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the petitioner is a minor and continuation of her pregnancy will cause great physical and psychological trauma to the minor he further contends that the minor daughter of the petitioner being dependent on herself is not in a situation to take care of the child in case she is supposed to deliver a child Learned counsel for the petitioner submits that since the pregnancy is more than 12 weeks old, the petitioner is bound to approach this Court for seeking termination of the pregnancy in accordance with the statutory mandate. Further it has been contended that the continuation of the said pregnancy is likely to cause great pain to the petitioner who is a minor, and to her, it will be a persistent reminder of the atrocity to which she had been subjected and furthermore, taking into consideration her tender age, it would also cause a great mental harm to the wellbeing of the child. The anguish caused by the pregnancy is itself sufficient to constitute a grave injury to the mental health of the petitioner and it would rather be in the betterment and best interest of the unborn child as well as the petitioner that the pregnancy is permitted to be terminated
Observations of the Court:
The court noted that the pregnancy is an outcome of the minor and the child if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo and as an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his/her origin or only to be given away and in either of the said situation, the mother, as well as the child, shall suffer social stigma and incarceration for rest of their lives.
Further, the court stated that balance needs to be drawn to examine the overall well-being and whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized and the choices thus reduced and it seems more prudent to allow the termination of pregnancy.
The decision of the Court:
The court allowed the petition and directed the Director of Medical Board of the Dr B.R. Ambedkar Institute of Medical Sciences, Mohali to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of the petitioner's minor daughter upon satisfaction of all such necessary conditions as prescribed in law.
Case Title: X vs. the State of Punjab and ors.
Coram: Hon’ble Mr. Justice Vinod S. Bhardwaj
Advocate for the Applicant: Mr. H.S. Batth
Advocate for the Respondent: Mr. Saurav Verma
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