Let my 13-year-old rape survivor daughter abort 29-week foetus: Woman who fainted after hearing about pregnancy

India’s Medical Termination of Pregnancy Act, 1971, does not allow abortions beyond 20-weeks of pregnancy

Parents of the 13-year-old rape survivor from the city’s western suburbs moved the Supreme Court on Wednesday and sought permission to abort her 29-week-old foetus. Dr Nikhil Datar, a city-based gynaecologist, helped the parents file the petition.

Several city doctors said that abortion in such cases is risky as the pregnancy is in an advanced stage. (Representational photo)

The girl’s mother discovered her daughter’s pregnancy after she took her to a local doctor for sudden weight gain. By then, the girl was 27-weeks pregnant.

While the teenager is now more than seven-months pregnant, India’s Medical Termination of Pregnancy Act, 1971, does not allow abortions beyond 20-weeks of pregnancy — the reason why her parents moved the Apex Court. In the past, the court have made exceptions in cases where the foetus had a serious medical abnormality or if the mother’s life was at risk.

“The mother fainted after she learnt about her daughter’s pregnancy. The girl knows that something is wrong, but she doesn’t understand the gravity of the situation,” Datar told HT. He had first checked the girl on August 9.

Datar said it was the pre-teen pregnancy case that he has evaluated. “I have seen 15-year-old pregnant girls, but none below that age,” he said.

Several city doctors said that abortion in such cases is risky as the pregnancy is in an advanced stage. “At the age of 12, the pelvis is not fully developed and the vaginal opening is small. There are risks of lacerations,” said Dr Arun Nayak, professor at department of gynaecology, Lokmaniya Tilak General Hospital, Sion. “Also, not all 12-year-olds are of the same size. So she will have to be thoroughly evaluated to see if she can have a delivery or a caesarean.”

Datar, however, said if the girl is not allowed to abort the child it will add to her mental and physical trauma. “Letting her carry the foetus full term will increase the chances of performing a C-section at full-term as the disproportion between the size of the baby and the girls pelvis will only increase. In that case, doesn’t it make sense to perform the C-section now?” he said.

The girl’s parents approached the Supreme Court nearly a week after a 10-year old rape survivor from Chandigarh delivered a baby after the court refused her premission to abort in the 32nd week of pregnancy.