The Bombay High Court Allowed A 12-Year-Old Rape Survivor To Get 23-Week Long Pregnancy Terminated

DISCOVERING OF PREGNANCY

The mother of a rape survivor filed a petition when she suspected that her daughter was pregnant.On enquiry, it was revealed that her daughter was being raped by someone from the neighbourhood periodically.

The mother of the survivor lodged an FIR and went to the local Government Hospital wherein she was informed that the pregnancy cannot be terminated without the permission of the Court, because it has exceeded 20 weeks limit as specified under the Medical Termination of Pregnancy Act, 1971.

JUDICIAL AND LEGAL SAY

• A medical board from Government Medical College examined the 12-year-old rape victim as directed by the High Court on June 26, 2020. The Medical Board informed that if the pregnancy is not terminated, it will have serious negative impacts on the general and mental health of the survivor and hence, recommended the Court to permit termination of the pregnancy.
• The Bench of Justice Nitin Jamdar and Justice Surendra Tavade accepted the recommendation of the Board and stated that  “In the case at hand, the physical and mental trauma that will be suffered by the minor, if the pregnancy is not terminated, requires no elaboration.”
• Thereafter, the Court directed the survivor and her mother to get the pregnancy terminated at the Government Medical College on July 6, 2020. Also, the Bench has ordered the doctors to provide all the facilities required to save the life of the newborn child, if born alive.
• The High Court clarified that if the child is born alive and the petitioner woman and her daughter are not in the position to take the responsibility of the child then, child will be the complete responsibility of the state.