Snehal Upadhyay-
Published on: September 13, 2021 at 10:25 IST
The Bombay High Court granted permission to a minor rape survivor to terminate a 29-week pregnancy even though there were no inconsistencies with the fetus.
This decision was taken by the Court after the medical experts’ panel which was constituted by the Court itself observed in its post-examination report that the minor was extremely distressed by the pregnancy and the pregnancy could adversely impact her mental health.
The Division Bench comprising Justice Ujjal Bhuyan and Justice Madhav Jamdar dealt with the petition filed by the minor’s mother.
Advocate Ashley Cusher stated that the minor girl was raped earlier this year and after that she became pregnant. A First Information Report (FIR) was also lodged in Tulinj Police Station, Nallasopara, in Palghar district.
The Advocate further stated that the minor was not willing to continue with the pregnancy and the continuation of pregnancy could adversely impact her mental health in the future.
Earlier, on 7th September the Court had issued directions to the Dean of Sir JJ Hospital to constitute a medical board of experts for examining the minor’s case and submit its suggestions. The report was submitted on 9th September.
The submitted report stated that there was no detection of irregularities in the fetus but as the minor was distressed about her pregnancy and continuation of pregnancy could lead to complications which may include implications on the mental health of the girl. Hence, the board suggested medical termination of the pregnancy.
The Court permitted the minor girl for abortion and also directed the concerned authorities to save the blood and DNA samples of the fetus and hand over these samples to the investigating officers in the case so that they can use these as a piece of evidence against the accused.
The Court further directed to submit a detailed report on the outcome of the termination and posted the hearing of the case on 20th September.
Also Read: Kerala HC allows Abortion of 15-week Pregnancy of Mentally Challenged Rape Victim