Rajasthan High Court allows minor rape survivor to abort 22-week foetus
The Rajasthan high court on Tuesday allowed a minor girl, allegedly a rape survivor, to abort her foetus of 22 weeks. The court issued the order on the basis of a medical report submitted by the Medical Board of Medical College, Udaipur.
The minor girl, who hails from Chittorgarh district, had filed a petition in the high court through her father praying for the permission to terminate her pregnancy at the earliest. According to the petitioner, she was raped by a man, Veni Ram Suthar, against her consent around 5-6 months back, as a result of which she became pregnant.
The counsel for the petitioner, Ankur Mathur, said, “We filed a petition in the high court on behalf of the father of the minor rape victim, which stated that a few days back when victim complained of ill-health, the parents took her to a local doctor and also informed government childcare centre. The medical examination of the girl revealed that she had become pregnant as a result of the forceful sexual intercourse.”
According to Section 3 of the Medical Termination of Pregnancy Act, 1971, a pregnancy exceeding 20 weeks cannot be terminated except with the consent of the pregnant woman.
Mathur said that on the complaint of the victim’s father, the police have registered an FIR under Section 376(2)(j) of the Indian Penal Code and Section 3/4 of the POCSO Act, which is under investigation. “The petitioner’s father approached District Legal Services Authority seeking permission for the termination of pregnancy, following which the petition was filed in the high court,” he added.
The high court earlier directed the victim to undergo a medical examination. During hearing of the matter on Tuesday, additional advocate general Pankaj Sharma submitted the medical board report in the court, which stated that in case of abortion, there was no threat to the minor girl’s life.
On the basis of the medical board report, justice Ashok Kumar Gaur allowed the petitioner to abort her foetus of 22 weeks.