Bombay HC Grants Permission To Minor Rape Survivor To Terminate Pregnancy

Bombay HC Grants Permission To Minor Rape Survivor To Terminate Pregnancy

On Monday, the Bombay High Court granted permission for the termination of pregnancy to a 12-year-old survivor of rape, emphasizing that her well-being and safety were the top priorities.

A vacation bench comprising Justices Sandeep Marne and Neela Gokhale reviewed the report submitted by the medical board, which recommended the termination of the pregnancy at 25 weeks.

"Bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance and her safety," the bench said.

In the said matter, the minor was allegedly raped by her 14-year-old brother, and a case has been registered against him, as per the plea filed by the girl's mother in the high court. 

Earlier this month, the girl informed her mother of stomach pain, prompting a visit to the hospital. It was during this visit that the pregnancy was discovered.

The girl then revealed that her elder brother would forcefully establish a physical relationship with her when no one was at home. He also threatened her with dire consequences.

Upon the mother's complaint, an FIR was registered under the Indian Penal Code and Protection of Children Against Sexual Offences (POCSO) Act against the son. Subsequently, he was sent to a juvenile home.

The bench, in its order, said the girl was unaware of the fact that she was pregnant until a very late stage.

"The medical board has clearly opined that the pregnancy will have grievous injury to the mental and physical health of the patient if continued," it said.

The bench said that after the termination procedure, the hospital shall provide the girl counselling.

The court also directed the hospital authorities to preserve the appropriate tissue sample of the fetus and DNA sample, and to forward these to the investigating officer for use in the ensuing criminal trial.
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