Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy - Hindustan Times
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Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy

ByJItendra Sarin, Prayagraj
Jul 13, 2023 01:09 AM IST

The Allahabad high court then directed the Bulandshahr district magistrate to ensure that the petitioner (minor), along with her mother reports to Jawahar Lal Nehru Medical College, Aligarh

The Allahabad high court on Wednesday allowed a 12-year-old rape survivor to undergo medical termination of pregnancy after taking into account the medical board’s opinion that the continuation of pregnancy poses a greater risk to the girl’s physical and mental health due to her “tender age”.

The Allahabad high court has fixed July 17 for the next hearing in the matter. (REPRESENTATIVE IMAGE)
The Allahabad high court has fixed July 17 for the next hearing in the matter. (REPRESENTATIVE IMAGE)

The bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed the order on a writ plea filed by the 12-year-old rape survivor, who also has hearing and speech impairment, and was seeking to terminate her 25-week 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 Allahabad high court then directed the Bulandshahr district magistrate to ensure that the petitioner (minor), along with her mother reports to Jawahar Lal Nehru Medical College, Aligarh, on Thursday at 10am, wherein the Medical College principal 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 Obs & Gynae 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.”

The Allahabad high court has directed to list the case on July 17 for further orders along with further medical report of the petitioner on the next date.

Earlier, on Tuesday (July 11), the high court had observed that in a case of sexual assault, denying a women right to say “no” to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her “human right to live with dignity” as she has a right in relation to her body which includes saying “yes or no” to being a mother. The court had said that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her and to force the victim to give birth to the child of a man who sexually assaulted would result in unexplainable miseries.

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. However, when the same was opened, it was not in accordance with rules. Then 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.”

He added, “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.”

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