HC allows pregnancy termination of minor rape victim, if safe

The Lucknow bench of the Allahabad high court has permitted the termination of pregnancy of a 13-year-old rape victim, if it is safely possible.

The court directed that if the team of doctors forms an opinion that termination of pregnancy is safely possible, it shall perform necessary surgery/operation, if her father gives consent for the same.

It directed the Head of Department, Gynaecology and Obstetrics, King George's Medical University, Lucknow to constitute a team of three seniormost teachers/doctors of the department, which will be requested to take a decision after examining the victim.

A division bench of Justices Shabihul Hasnain and Devendra Kumar Upadhyaya passed this order on September 7 on a writ petition filed by the victim, living in Uttar Pradesh, through her father.

The petitioner sought a direction to permit her to terminate pregnancy which is a result of the undesired incident.

The petition pleaded that she be allowed to undergo abortion because she will be forced to live with a stigma and constant reminder of a most-horrendous and despicable act committed upon her.

The court directed the team of doctors to examine the victim and after interaction with her, it shall decide about seriousness of the threat to her life and also about the impact of continued pregnancy on the mental health of the victim.

In case of abortion, the authorities of KGMU will take necessary tissues from the foetus and preserve it for DNA identification, the court said.

“It has been pleaded that the victim is hopelessly poor, therefore, we provide that the expenses of medical examinations and follow up operations/surgery, if any, shall, at the moment, be borne by KGMU, Lucknow, which shall later be reimbursed by the state government," it said.

The court observed that if father of the victim approaches the department of KGMU on September 10, the arrangement for her stay as indoor patient shall be made by the department and in a day or two from the date she is admitted, she can be examined.

The court listed the case on September 15 to know further progress in the matter.