The Hindu (Kozhikode)

SC allows terminatio­n of pregnancy of minor rape survivor

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The Supreme Court on Monday used its extraordin­ary powers under Article 142 of the Constituti­on to do “complete justice” to permit the medical terminatio­n of pregnancy of a 14year-old rape survivor in Maharashtr­a.

Her pregnancy, emanating from the sexual assault, is nearing 30 weeks. The minor became aware of her condition only at a very late stage.

The relief is rare as the Medical Terminatio­n of Pregnancy Act caps the upper limit for terminatio­n of pregnancy at 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the diˆerently-abled and minors.

In this case, even the First Informatio­n Report (FIR) of the crime was registered only on March 20, after the 24-week limit permissibl­e for abortion. The FIR has recorded the commission of oˆences under Section 376 (rape) of the Indian Penal Code and Protection of Children from Sexual Oˆences Act.

A Bench of Chief Justice of India D.Y. Chandrachu­d and J.B. Pardiwala agreed with the recommenda­tion of a medical board that the “continuati­on of pregnancy against the will of the minor may impact her physical and mental well-being”.

State to take expenses

The State government has agreed to take the expenses for the procedure, after care and her transporta­tion.

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