Minor allowed to abort pregnancy

MUMBAI: Bombay High Court has allowed a minor rape victim to abort a 25-week-old foetus observing that the continuance of pregnancy is causing a grave injury to her mental health and poses a risk to her life.

A division bench of Justice Milind N Jadhav and Justice KK Tated allowed the termination of pregnancy despite a medical board opining that the patient should be advised to continue the pregnancy with medical and psychological support.

“The petitioner is permitted to undergo medical termination of pregnancy as per Medical Board’s opinion dated 29.6.2020, at a medical facility of her choice or Seth GS Medical College and KEM Hospital, Parel, Mumbai,” the bench said in its order on Tuesday.

The High Court held that if the child was born alive then the registered medical practitioner and the hospital concerned will be required to assume full responsibility to ensure that the newborn is offered the best medical treatment available.

“In case, if the child is born alive and if the petitioner and her parents are not willing or are not in a position to take responsibility of such a child then the State and its agencies will have to assume full responsibility for such child,” the order said.

The High Court directed that blood sample and tissue sample of the fetus shall be preserved for the purpose of carrying out necessary medical tests including a DNA test.

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