The mother of a 22-year-old physically & mentally challenged rape survivor has moved the HIgh Court of Orissa to terminate her daughter’s 24-week pregnancy.

Admitting the plea on Tuesday, the Orissa High Court directed a committee headed by the Jagatsinghpur chief district medical officer (CDMO) to submit a report on the health condition of the girl. 

“Justice Biswanath Rath has posted the matter to Friday for hearing along with the committee’s detailed report,” said Lawyer Subash Chandra Pasupalak who is representing the petitioner.

Under the provisions of the Medical Termination of Pregnancy Act, a woman is not allowed to terminate pregnancy if it has crossed 20 weeks. She then needs to seek the HC’s permission to do so. 

As per the plea, the petitioner’s daughter is a victim of rape & a case relating to it has been registered at the Kujang police station in Jagatsinghpur district. The mother, in her plea has contended that continuance of the pregnancy would involve risking the life of her daughter & pose grave danger to her mental & physical well-being.

On Sept 4, the HC sought a report on the status of the girl’s pregnancy. The report of a committee headed by the (CDM0), Jagatsinghpur, was submitted when the case was taken up again through video-conference on Tuesday.

The report indicated that the victim was 24 weeks pregnant & there was no dispute that she was not only a rape survivor but also mentally & physically challenged. However, the court felt the report was incomplete.

CDMO to assess girl’s condition

“Considering that there has been sufficient loss of time, this court directs the chief district medical officer, Jagatsinghpur, to undertake another exercise through the same committee but with addition of one psychiatric specialist so as to complete further examination of the victim, particularly, giving its opinion on the position of the foetus, the health condition of the pregnant lady, as to whether continuance of her pregnancy would involve injury to her physical & mental health as well as the foetus & as to whether the pregnant lady is capable of delivering a normal healthy child,” said justice Rath.

“If no local psychiatric specialist is available, the CDMO, Jagatsinghpur, can make a request to the superintendent of SCB Medical College & Hospital, Cuttack, to depute a psychiatric specialist for this purpose”, he added.

(The victim's identity has not been revealed to protect her privacy as per Apex Court directives on cases related to sexual assault) 

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