HC allows minor rape victim to abort 20-week foetus
This court finds that the board has found the general physical condition of the petitioner to be normal and further the termination of the pregnancy can be done at tertiary hospital with the consent of petitioner’s parents as early as possible
JODHPUR: The Rajasthan High Court has allowed a minor girl to abort her 20-week foetus, which she allegedly conceived as a result of rape.
The court passed the order on the basis of a medical report submitted by the Medical Board of SN Medical College, Jodhpur.
The 15-year-old victim had filed a petition in the court through her father, who prayed that she be allowed to terminate her pregnancy and undertake necessary medical care pre and post termination of the pregnancy at the earliest.
According to Section 3 of the Medical Termination of Pregnancy Act, 1971, a pregnancy exceeding 20 weeks cannot be terminated except with the consent of the pregnant woman.
The court earlier directed the victim to undergo a medical examination. During the hearing, public prosecutor Mahipal Vishnoi submitted the medical board report in the court, which stated that “risk of termination of this pregnancy at this stage will be within the normal acceptable limits for the age of girl and the gestational age.”
“This court finds that the board has found the general physical condition of the petitioner to be normal and further the termination of the pregnancy can be done at tertiary hospital with the consent of petitioner’s parents as early as possible,”
HC ORDER
ordered the court of justice Dr Pushpendra Singh Bhati
“This court finds that the rape victim not only undergoes the mental torture, but also suffers physically even to the extent of losing her own life due to the unfortunate incident which takes place beyond the control of rape victim,” the court observed.
“This court deems it proper to permit the termination of pregnancy of the petitioner by a team of expert doctors at SN Medical College as early as possible after obtaining necessary consent of the parents of petitioner,” the court ordered.
The court also directed the medical college authorities to preserve the petitioner’s foetus for the purpose of DNA test, in case any need arises in the future.