HC allows teen rape survivor to end 25-week pregnancy
MUMBAI, May 20 -- Holding that a woman's reproductive choice and bodily autonomy are constitutionally protected rights, the Bombay High Court on Monday allowed a 17-year-old rape survivor to medically terminate her pregnancy of more than 25 weeks.
A vacation bench of Justices Gautam A Ankhad and Sandesh D Patil directed JJ Hospital to carry out the procedure on Tuesday after a medical board found the minor fit for termination.
The bench said a woman's right to choice, privacy and dignity cannot be interfered with by family members or partners. It added that the Medical Termination of Pregnancy (MTP) Act leaves no scope for interference in matters concerning a woman's reproductive choice.
According to the plea, the survivor's biological mother died on April 15, following which the girl began living with her maternal aunt in Bhiwandi. The pregnancy was discovered earlier this month after family members noticed she had not menstruated for six months. A sonography conducted on May 5 revealed that she was nearly 24 weeks pregnant.
An FIR was subsequently registered at Shantinagar police station under the Bharatiya Nyaya Sanhita and Protection of Children from Sexual Offences (POCSO) Act.
The complaint alleged that the accused had sexually assaulted the minor at an abandoned factory near her residence, resulting in the pregnancy.
The HC had earlier constituted a medical board on May 13 to examine the survivor. In its report submitted on Sunday, the board said the girl was medically fit to undergo termination and that the foetus had no congenital anomalies.
However, since the pregnancy had crossed 25 weeks, court permission was required as the matter was beyond the statutory purview of the board.
Allowing the plea, the bench directed that in case the foetus is born alive, the state government must bear all hospital expenses till the baby is discharged.
The court also directed authorities to provide compensation to the survivor under the Manodhairya scheme....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.