After listening to weeklong arguments from all the sides on a public interest litigation filed by the UT Administration demanding termination of pregnancy of a 19-year-old mentally-challenged rape victim,the Punjab and Haryana High Court on Saturday reserved the orders. Despite it being a holiday,the Division Bench comprising Justice Surya Kant and Justice Augustine George Masih recorded submissions of all the parties involved. The pronouncement is likely to come on Tuesday. Commenting on the arguments raised by the amicus curiae,R S Cheema,senior standing counsel for the UT Administration Anupam Gupta today submitted that Cheemas interpretation of the Medical Termination of Pregnancy (MTP) Act would result in the Act being declared senseless and completely unworkable. The argument raised is correct but a very simplistic interpretation of the MTP Act. This literal interpretation of MTP Act runs counter to the established medico-legal understanding of both mental illness and mental retardation, Gupta added. Meanwhile,in the absence of the amicus curiae,her junior advocate Tanu Bedi countered the averments of Gupta. Conceptually,medically and legally the girl is capable of granting consent. She is receptive to the surroundings around her. At least an effort should be made to ask her opinion. She added: Her point of view has to be kept in mind. Mentally-challenged persons also have the right to motherhood. Bedi also requested the court to send the girl to a place with a friendly atmosphere where she can be kept under the supervision of a team of doctors of All India Institute of Medical Studies (AIIMS). Concluding the argument,advocate R S Bains submitted that the PIL filed by the Administration should not be taken casually as it might be a ploy to wipe out crucial evidence. The foetus should be sent for a DNA test. The value of the victims testimony should not be reduced by stating that she is incapable of giving consent, Bains added.
