Minor rape victim denied HC nod to terminate twin fetuses over ‘maternal death’ risk

The order read, “For those reasons and discussions, this court cannot proceed to grant any relief for medical termination of the pregnancy of the said minor girl.”

The writ petition was filed by the girl’s mother seeking a termination of the pregnancy of her minor daughter.

On March 9, an FIR was registered in an alleged case of rape and sexual assault under Section 6 (Punishment for aggravated penetrative sexual assault) of the POCSO Act, 2012 at a police station in north Bengal.

The victim was admitted to a hospital and after the medical examination it was found that the girl was carrying twin live fetuses – of 25 weeks and 25 week one day, respectively – as on March 20.

According to the report of the Medical Board, the age of the gestation carries the risk of massive complications and the same can go up to maternal death, the court noted.

The court observed, “This court needs to ponder at this stage as to whether the continuance of such unwilling pregnancy would involve a risk of causing grave injury to the mental health of the minor girl and whether the constitutional safeguard for protection of life can be extended to her, if so, to what extent.”

“No fetus can grow up naturally if the life of the mother is not supported and smooth sailing. The statute also provided for mother’s health, strength and also life. Just by giving birth out of an unwilling pregnancy, the rest of the life of the mother cannot be in a compromised existence.”

Thus, the court held that it cannot proceed to grant any relief for medical termination of the pregnancy of the said minor girl.

The court directed the concerned hospital to take all possible medical care and ensure the necessary treatment required by the minor girl and the fetuses without negligence.