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HC allows minor rape survivor to terminate pregnancy

Bombay High Court on Friday (3rd July 2020) permitted a 12 years old rape- survivor to terminate the 23 weeks old pregnancy.

In the first week of June, a mother of 12 years old, rape survivor filed a FIR in the local police station of Sangli. Following a medical examination, the mother was confirmed about the minor’s pregnancy. The government hospital could not terminate the pregnancy before prior approval of the High Court as it had crossed the 20 weeks limit prescribed under the Medical Termination Pregnant Act, 1971.

The bench comprising of Justice Nitin Jamadar and Justice Surendra Tavade accepted the recommendation of medical board that if the pregnancy was not terminated, it would have serious physical and mental repercussions on the health of the survivor.

The bench directed the hospital to preserve blood samples of the fetus for forensics evidence. The Court further instated that if the child is born alive and the petitioner is not willing to take responsibility, then state shall take all responsibility.

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