Rajasthan HC sets up medical board to examine minor’s abortion plea

According to the petition, the survivor was abducted by his cousin on January 5, 2020 and recovered almost a year later by the police.

A minor girl, who got pregnant after she was raped by her cousin, has approached the Rajasthan high court with a request to allow her to abort her 21-week-old foetus. The court has asked for a medical board’s view on the girl’s petition before it takes a decision.

A bench of Rajasthan high court is hearing a minor’s petition for termination of her 21-week old foetus. (HT Photo)

Justice Sandeep Mehta of the special bench, set up during the winter vacation of the high court, directed the additional advocate general to see that the minor survivor was examined by the medical board to be constituted at the MDM Hospital, Jodhpur.

“The report of the medical board shall be submitted for the court’s perusal on the next date of hearing. The child shall also be present in the court on that day,” the bench said.

In late January 2020, the government amended the 1971 Medical Termination of Pregnancy (MTP) Act, in turn raising the upper limit of MTP from 20 to 24 weeks for women including rape survivors, victims of incest, differently-abled women and minors.

While the Act allows termination of pregnancy on various grounds until 20 weeks, in exceptional cases, a court may allow a termination even after 24 weeks allowing women to seek abortions as part of their reproductive rights and gender justice.

According to the petition, the survivor was abducted by his cousin on January 5, 2020 before she was taken to Telangana. The minor’s father lodged an FIR at Pipad police station, following which the police located the petitioner on December 17. She was found to be pregnant in subsequent medical examination.