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HC allows termination of 28-week pregnancy of minor rape victim
Medical board of PGIMER had opined that pregnancy of the victim is at an advanced stage of gestation of 27 weeks and 6 days which carries more than usual risks to the patient herself as compared to medical termination of pregnancy at earlier gestations
The Punjab and Haryana high court has allowed termination of pregnancy of a 14-year-old minor rape victim with 28 weeks of gestation period even as health experts had opined against it, saying that to exercise right to live with dignity, the woman has to be alive first.
“It is not in dispute that the woman has a right to live with dignity in view of Article 21 of the Constitution of India, but in order to exercise that right, the victim has to be alive,” the bench of justice Raj Mohan Singh observed, requesting Post Graduate Institute of Medical Education and Research (PGIMER) to admit the victim and go for surgical intervention, if experts find it appropriate.
“When there is a contingency as regards her chances of survival on being surgically operated, then this right become very subjective (right to live with dignity),” the court added.
Medical board of PGIMER had opined that pregnancy of the victim is at an advanced stage of gestation of 27 weeks and 6 days which carries more than usual risks to the patient herself as compared to medical termination of pregnancy at earlier gestations.
“..if pregnancy is terminated at this gestation, it will be like “childbirth” of a viable foetus that is likely to be born alive. This neonate will require prolonged neonatal intensive care and is likely to survive with possibility of long term significant neuro-developmental disabilities due to extreme prematurity,” the board had opined further recording that at the same time, if the pregnancy is continued, there is a risk of danger to her life due to “suicidal ideas”.
The board had recommended that the girl be admitted for providing medical psychiatric support as on evaluation by a psychiatrist, she was found mentally distressed due to this pregnancy and expresses active suicidal idea, if pregnancy is continued.
The plea was from parents of a 14-year-old girl from Panchkula, who on August 9 had approached the high court seeking termination of pregnancy.
“It will be humiliating and dangerous to her life to give birth to a child keeping in view her tender age. There is a substantial risk in case of delivery of a child and the minor may suffer physical and mental abnormalities,” her parents had submitted before the court.
The girl, as per her parents, was raped by their neighbour. The court on Tuesday had sought experts’ opinion from PGIMER, which was rendered upon her examination on Wednesday. At the time of medical examination of the girl, the fetus was reported to be of 27 weeks and six days. At 37 weeks, pregnancy is considered full term.
As per the Medical Termination of Pregnancy Act, 1971, for terminating pregnancy up to 12 weeks, satisfaction of one medical practitioner is required. If the pregnancy is between 12 and 20 weeks, satisfaction of two medical practitioners is required. In case its past 20 weeks and upto 24 weeks, the opinion of a medical board is required as per 2021 amendment in the law. Upper limit as per law is 24 weeks, beyond that only courts can allow using discretionary powers.
In the case of a minor, consent of the parents is required for termination of pregnancy. “It is a rare case after 2021 amendment where court has allowed termination of pregnancy running effectively into 28 weeks. It is a path-breaking judgment,” the lawyer, Pranav Chamoli, who appeared for the parents, said referring to right to live with dignity.
