Supreme Court allows 13-year-old Mumbai rape survivor, 31 weeks pregnant, to abort foetus

According to the petitioner in the case, the apex court observed that the mental trauma of carrying the pregnancy forward was too much for the girl and she must terminate the baby as per her wish.

By: Express News Service | New Delhi | Updated: September 6, 2017 4:57 pm
supreme court, pregnancy, medical termination of pregnancy The Supreme Court of India.

The Supreme Court on Wednesday allowed a 13-year-old child, in her 31st week of pregnancy, to abort her foetus. The young girl is a rape survivor from Mumbai. Earlier this week, a JJ Hospital medical panel submitted its report suggesting that the child should undergo an abortion.

Welcoming the court order, gynaecologist Dr Nikhil Datar, who was in favour of the minor’s abortion, said: “This is fantastic news. The Supreme Court has identified the issues with MTP Act. They should now also take pro active steps to amend the Act and extend cap for abortion.” Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.

The petitioner’s counsel in the case, Advocate Sneha Mukherjee, said the abortion could well take place the day after tomorrow. “The court has asked us to admit the girl tomorrow and carry out the abortion the day after (Friday).” Mukherjee says the apex court in its observations said that the mental trauma of a child carrying the pregnancy forward was too much and that she must terminate the foetus as per her wish. JJ Hospital is yet to receive an official court order.

The parents of the 13-year-old girl, who was allegedly raped by her father’s business partner about six months ago, filed the petition in the Supreme Court seeking permission for medical termination of pregnancy.  This, after they realised she was pregnant just four weeks ago. The girl is now in her 31st week of pregnancy.

In August, her parents took her to a doctor to check whether her sudden ‘obesity’ was caused by thyroid. A sonography then showed that she was 27 weeks pregnant. Police officials claim that until that moment, she had not informed her parents about the sexual assault.

“Precious time was wasted because first she was admitted to a shelter home and the mother had no time to file medical documents. Later, holidays delayed the process further,” Datar said.

The 13-year-old’s family resides in Charkop, Mumbai. Her father is a street vendor while mother is a homemaker. The child is staying with her parents. On August 13, she was released from Asha Dan shelter home in Byculla.

The 23-year-old accused lived with the victim’s family in Charkop and is suspected to have raped the girl on multiple occasions. He is presently in custody of the Mumbai Police.

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  1. J
    Sep 7, 2017 at 12:30 am
    Save the baby please. If mother or relatives don't want the baby, please give to good minded people in the world. The baby has the right to live. What crime baby did to be killed in the womb. If a 13 year can't do a normal delivery can choose operation to take out baby. There so many examples of normal delivery in underage. The court order is mind breaking and the judges should rethink that a Baby is GOD's GIFT that not everyone get and Should not taken the duty of GOD. PLEASE SAVE THE BABY.
    1. Kieran Wynne - Houghton
      Sep 7, 2017 at 1:50 pm
      What about the poor girl who will have to endure a full term pregnancy at 13, after already having been raped? Keep your stupidity to yourself. I'd love to break your nose.
    2. G
      Sep 7, 2017 at 12:02 am
      Good move by SC.
      1. B
        Bitter truth
        Sep 6, 2017 at 10:48 pm
        SC of India is the expert in the world when handling rape cases. It all depends on the volume of RAPEs those SC judges handle in their short lifetime. They become suddenly virulent when handling RAPE cases. They have it in their blood. After all they are also products of RAPE of judiciary. Every judge has a Chanakya in their brain because Chanakya, even in an imaginary story, is also a rape child celebrated by Aryans.
        1. Rajdeep Anand
          Sep 6, 2017 at 7:39 pm
          Awesome! Hope she's not loaded with unwanted baggage!! :D
          1. J
            Joseph Mumbai
            Sep 6, 2017 at 5:05 pm
            Sensible decision. Why should she suffer twice. First rape and second time rapist baby which she had no role to play. The corrupt, money dominated judicial system should give hard labour and life sentences to rapist. Under age rapist included.
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