A Pune-based man has moved the Bombay High Court, seeking permission to allow his minor daughter, an alleged rape victim, to abort her 26-week-old foetus.
Claiming that his daughter is mentally not in a position to have the child, the father has also sought compensation of Rs 10 lakh from the state, “to secure her health and future”.
According to the petition, the girl is being denied termination of pregnancy as the Medical Termination of Pregnancy Act allows a woman to abort her foetus only up to 20 weeks of pregnancy.
“The pregnancy cannot be forced on a girl… It is her own decision to terminate the pregnancy. The pregnancy was caused due to a sexual relation that is not permitted by law or by her. In such circumstances, forcing the pregnancy on her is a infringement of her right to life and right to privacy,” stated the petition.
The girl, who is now 17, went missing from her college in August 2016.
On August 22, 2016, when the petitioner came back from work, his wife informed him that their daughter has not returned home. After failing to locate her, the parents filed an FIR for kidnapping against unknown persons at Dattawadi police station.
In the supplementary chargesheet, the father later stated that since his daughter’s disappearance, one boy in the neighbourhood had also gone missing.
An investigation was initiated by the police thereafter. “After eight months, on April 23, 2017, during a procession on Ambedkar Jayanti in Solapur, both (the girl and the accused) were apprehended by the police,” stated the petition.
The girl’s statement was recorded and the accused was remanded to police custody. “In her statement, she disclosed that the accused, who she knew by face, came to her college gate and said that her father was waiting at the Swargate Stand, Pune, and had asked him to get her there urgently. Thereafter, she was abducted by him… He forcefully put mangalsutra around her neck. She was taken to Solapur and kept there forcefully,” stated the petition, adding that she was forced into a sexual relation with the accused.