Madhya Pradesh High Court permits 15 year old rape victim to terminate pregnancy

RAPE-LAW-INSIDER

Aryan Grover

Justice Vishal Dhagat of the High Court of Madhya Pradesh, while hearing a Plea filed by the petitioner mother of a 15-year-old rape victim, has allowed the survivor to terminate her pregnancy, which is in the 28th week now.

The petition was allowed after taking into consideration the report of the chief medical officer on record.

Advocate Sharda Dubey, representing the mother of the girl, stated that Justice Dhagat gave directions to the medical experts for the same, asking them to terminate the pregnancy of the 15-year-old daughter of the petitioner with utmost care and precaution, in accordance with the standard guidelines laid down.

The Medical Termination of Pregnancy Act stipulates that the High Court’s permission is mandatory when abortion is sought beyond 20-weeks of pregnancy.

The minor girl was raped in November of 2020 by her cousin, at a time when her parents and other members of the family were away for work.

The matter was reported to the police in March 2021 when the parents observed physical changes in their daughter.

The chief medical officer on record’s report stated that the chances of the baby being born alive, and its subsequent survival are very low. The baby might also suffer from physical and mental disabilities if it does survive.

Quoting the report of the chief medical officer, Advocate Dubey stated, “There is no psychiatric disorder, but the petitioner’s daughter does not seem to be mature enough to take care of her baby.”

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