High Court allows 15-year-old girl to terminate pregnancy caused by rape
CHENNAI: Coming to the rescue of a 15-year-old-girl who became pregnant after being raped, the Madras High Court directed the dean of Government Mohan Kumaramangalam Medical Hospital, Salem, to terminate the 11-week foetus at the earliest.
A division bench comprising Justice M M Sundresh and Justice RMT Teeka Raman, said, “Admittedly, the petitioner's daughter is pregnant. Therefore, there is a need to terminate the pregnancy at the earliest as it would affect the minor girl.
“We direct the dean, Government Mohan Kumaramangalam Medical Hospital, to constitute a team, satisfy on the condition of the minor girl to undertake the procedure for termination of the pregnancy, and if she is found suitable, terminate the same at the earliest point of time,” the bench said.
The bench also directed the hospital authorities to preserve the foetus, which would be required for DNA test in the rape complaint pending on the file of All-Women Police Station, Sankari, in Salem district.
The matter was taken up after being mentioned by the counsel appearing for the girl’s mother seeking to terminate the pregnancy – said to be about 11 weeks old – based on the document issued by the Lifeline Trust, Salem, and a consequential prayer seeking interim compensation.
The counsel submitted that taking note of the stage of the pregnancy, immediate orders were to be given directing the hospital authorities to undertake the exercise of terminating the pregnancy, as any delay would cause serious harm to the girl.
In its order, the bench also directed the hospital authorities to file a report before completion of the process and posted the plea for further hearing to after 4 weeks.
The All-Women Police Station registered a case for offences under Section 363 IPC (Kidnapping) and sections 5(i) and 6 of the Protection of Children from Sexual Offences (Pocso) Act, which deals with penetrative sexual assault on a child. The investigation is still pending.
The girl was reportedly raped by two persons when her parents, both daily wage workers, were away. The girl had reportedly kept the incident a secret until she became sick after becoming pregnant.