Allahabad HC allows minor rape survivor to terminate pregnancy

Prayagraj: The Allahabad High Court has allowed a 12-year-old rape survivor to terminate her 25-week pregnancy after taking into account the opinion of the medical board that the continuation of pregnancy poses a greater risk to her physical and mental health.

 The bench comprising justices Mahesh Chandra Tripathi and Prashant Kumar passed the order on Wednesday on a writ plea filed by the survivor, who also has hearing and speech impairment, seeking to terminate her pregnancy.

The bench, after going through the medical report observed, "considering the facts and circumstances and the medical report, it would be just, legal and appropriate to order termination of pregnancy of the petitioner after considering the medical evidence on record."

The court then directed the District Magistrate, Bulandshahar to ensure that the petitioner (minor) along with her mother reports to the Jawahar Lal Medical College, Aligarh on Thursday at 10 am, wherein the Principal of the Medical College would ensure the termination of her pregnancy.

"We also direct the principal of the medical college to ensure the termination of pregnancy of the petitioner and the said exercise is to be carried out in presence of Head of Department of Obstertics and Gynaecology of the medical college. We further direct to the principal of the medical college to provide adequate post operational medical facilities to the victim free of cost and submit a report within three days so that the Court may proceed further in the matter,” said the court.

Earlier, on Tuesday, the Court had said that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her.

Advocate Raghav Arora, appearing for the minor said, "On Wednesday a medical report of the minor was placed before the court in a sealed cover. The court, considering the urgency of the matter, adjourned the case for an hour and directed the respondent authorities to place medical reports within an hour as per law.”

“Later, a fresh medical report was placed before the court in which doctors opined for medical termination of the pregnancy while stating that the continuation of pregnancy poses a greater risk to the physical and mental health of the minor due to her tender age of 12 years," said Arora.