Bombay HC rejects 13-year-old rape survivor’s plea to terminate advanced pregnancy

The medical board of Sir JJ Hospital in its report had informed that the girl’s life was at equal risk irrespective of terminating the pregnancy or continuing it to term

The Bombay high court (HC) has refused to permit the termination of a 13-year-old rape survivor’s advanced pregnancy after the medical board of Sir JJ Hospital in its report informed that the girl’s life was at equal risk irrespective of terminating the pregnancy or continuing it to term, and hence, the latter was a better option.

The bench also said it would like to know about the progress of the pregnancy and the condition of the minor after two weeks. (HT File)

A division bench of justice AA Sayed and justice Madhav Jamdar, while hearing the petition of the minor’s father, was informed by his advocate Ashley Cusher that the girl weighed only 38 kilogrammes and was physically incapable of delivering the baby. Cusher further submitted that as the teen would be mentally and physically traumatised if the pregnancy was not terminated, the father’s plea be allowed under the Medical Termination of Pregnancy Act.

Based on the father’s plea, the court had asked the JJ hospital medical to examine the child.

On Monday, government pleader Poornima Kantharia placed the report of the medical board before the court. The report, based on the opinion of four doctors, was unanimous in its conclusion that allowing the pregnancy to term or terminating it at an advanced stage of 32.4 weeks, had similar risks for the minor. The report stated that as terminating the pregnancy at this stage would require the mother and child to be kept in intensive care till they were fit for discharge, it would be better to continue the pregnancy to term.

After perusing the report, the court held that it would go by the observation of the experts, and hence, did not permit the termination of the pregnancy. The bench also said it would like to know about the progress of the pregnancy and the condition of the minor after two weeks.

Cusher then requested the court to make a note that in the event of the survivor or her child suffering any fatal consequences at the time of delivery, the DNA sample of the baby be preserved to ensure that the perpetrator of the heinous act could be nailed conclusively.

The court, however, said that it would decide on the request in the next hearing after two weeks.

The Govandi girl was raped by the family’s acquaintance, who had helped treat the ailment of her sibling. The man, taking advantage of the fact that the girl was alone in her house, raped her on two occasions seven-eight months ago. Though the minor had developed a bump, her mother had brushed it aside thinking it was flatulence. However, late in February, an elder from the locality advised her parents to take her to the hospital, following which the pregnancy came to light. Thereafter, a case under Protection of Children from Sexual Offences (Pocso) was registered by Deonar police against the accused and he was arrested. The girl was handed over to the child welfare committee.