Abortion plea of minor rape victim: HC says nothing left in its discretion
The Punjab and Haryana high court on Wednesday asked the PostGraduate Medical Institute of Medical Education and Research (PGIMER) to constitute a board for the monitoring of 12-year-old pregnant rape victim of Karnal while observing that there was nothing left for the court to exercise its discretion and order for termination of pregnancy.chandigarh Updated: Apr 09, 2015 09:36 IST
The Punjab and Haryana high court on Wednesday asked the PostGraduate Medical Institute of Medical Education and Research (PGIMER) to constitute a board for the monitoring of 12-year-old pregnant rape victim of Karnal while observing that there was nothing left for the court to exercise its discretion and order for termination of pregnancy.
The high court also asked the state government to grant an amount of Rs 2 lakh as interim relief and bear all the medical and other related expenses at PGIMER of the victim family.
The high court division bench of justice Surya Kant disposed of the appeal filed by the mother of rape victim against single judge order, wherein the petition for termination of pregnancy was declined. The appeal was disposed of following a report from a medical board constituted by the PGIMER on court directions.
It is learnt the medical board, after examining the girl victim on April 7, had opined that as pregnancy was running into 33 weeks, it was more dangerous to terminate the pregnancy than to continue with it. It had also recommended for periodical monitoring of the girl victim, it is learnt.
The HC directed the PGIMER to constitute a medical board to monitor her condition and asked that she be offered the services of an indoor patient whenever she turned up for medical examination. The PGIMER has also been directed that whenever the doctors deemed fit, she be admitted at a private ward at the institute and all medical and related help be provided free of charge to the girl victim and her mother. The PGIMER has also been directed that privacy of the girl’s family be maintained and a doctor has been assigned to coordinate with various departments to provide medical help to her.
The Haryana chief secretary and health secretary have been ordered to reimburse the bills submitted by PGIMER within one week of their submission. The state has also been directed to pay Rs 2 lakh as ex-gratia to family as they were battling on many fronts. This aid would be over and above other such reliefs provided by the state government to rape victims. The petitioner has also been directed to approach for any other directions.
As reported by Hindustan Times, a single-judge bench of the high court had on March 31 declined an abortion prayer of the mother of the 12-year-old rape victim, a Karnal resident. The HC order had come on a report from a panel of doctors of the PGIMER that there was no danger to the victim’s life if the pregnancy was continued.
The family came to know of the pregnancy on February 19, following which an FIR was registered in Karnal and the family approached the local health authorities to abort the child. As the authorities declined to carry out the abortion, stating that the girl was 28-30 weeks pregnant, the girl’s mother had on March 10 approached the high court.
The girl, a Class-7 student, was repeatedly raped by a boy known to the family. As the girl was threatened by him with dire consequences, she did not disclose it to anybody. She was medically examined in February after her mother got suspicious.