Hindustan Times ST (Jaipur)

HC turns down minor rape victim’s abortion plea

- Dinesh Bothra htraj@hindustant­imes.com

THE PETITIONER, A BHILWARA RESIDENT, SAID THE VICTIM IS DEPRESSED AND IS NOT MENTALLY PREPARED TO GIVE BIRTH

The Rajasthan High Court on Monday turned down the request of a 17-year-old girl, an alleged rape victim, to abort her 21-week-old foetus, citing it could endanger her life.

A division bench of Justice Gopal krishna Vyas and Justice Manoj Garg, hearing a petition filed by the girl’s mother, observed that the minor was in an advanced stage of pregnancy and such a terminatio­n will put her at risk. The petitioner, a Bhilwara resident, said the victim is depressed and is not mentally prepared to give birth to the child.

The Medical Terminatio­n of Pregnancy Act allows a woman to abort her foetus only up to 20 week of pregnancy.

On Friday, the court had ordered a medical examinatio­n of the victim. The medical report was presented to the court by state’s additional advocate general Shivkumar Vyas.

In the report, the court-appointed medical board described the abortion as risky for the life of the victim. The victim’s counsel, VR Chaudhary, however, demanded more compensati­on for the victim so that she can become self-sufficient.

Justice Vyas ordered the additional advocate general to present the parents of the accused before the court on August 1.

The court observed that if it seemed reasonable, then the accused parents can be directed to bear the victim’s livelihood expenses. The victim was sent to a shelter home in Ajmer on June 5 and the state government was directed to take care of her.

The girl’s counsel told the court that proper care of her was not being taken at the shelter home. Taking a serious note, the court has asked a reply from the state government.

The victim was 14 when she was kidnapped and raped by the accused.

The victim’s mother filed a habeas corpus petition in the high court for the release of her minor daughter from the possession of the abductors, following which the Bhilwara district police presented the victim in front of the court on June 5.

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