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This is an archive article published on March 25, 2013

HC allows rape victim to abort,directs AIIMS to preserve foetus

A woman,who had alleged that she was raped and had consequently conceived,was allowed to abort the baby by the Delhi High Court,which termed it as “extremely traumatic” and asked All India Institute of Medical Science (AIIMS) to preserve the foetus for conducting DNA test.

A woman,who had alleged that she was raped and had consequently conceived,was allowed to abort the baby by the Delhi High Court,which termed it as “extremely traumatic” and asked All India Institute of Medical Science (AIIMS) to preserve the foetus for conducting DNA test.

“To carry a child in her womb as a result of conception through an act of rape is extremely traumatic,humiliating and psychologically devastating,” Justice S P Garg said,while allowing the plea of the 22-year-old woman seeking permission to terminate the forced pregnancy.

The woman had lodged an FIR against one Kapil alleging that he had established physical relations with her on the false promise of marriage. He had also concealed the fact that he was a married man,she claimed.

Allowing her plea,the court said,“X (the victim) hails from the poor strata of society and is likely to face innumerable mental,physical,social and economical problems in future. There are no reasons to prevent her from exercising her option voluntarily in her interest.

“…the petition is allowed with the direction to the SHO of the police station concerned or any other responsible police officer with lady police officer to accompany the complainant ‘X’ and produce her before Medical Superintendent,AIIMS,within three days to get her pregnancy terminated where a Board of two medical practitioners would be constituted by the Medical Superintendent on that day itself.

“They shall preserve the foetus and DNA test will be conducted thereupon and its report shall be produced before the trial court at the earliest.”

The court also said the girl “be provided proper medicine,diet and nutritious food as may be necessary for her health”.

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It was said in the plea that the girl was “unable to carry the pregnancy to full term due to social stigma as she was a victim of rape”.

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