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13-year-old rape victim can terminate four-and-half month pregnancy: Allahabad High Court

Court directs KGMU to form a panel a doctors to examine minor, go for abortion only if its safe .

By: Express News Service | Lucknow |
September 10, 2015 12:47:31 am

Uttar Pradesh, UP Panchayat, UP rape victim, UP rape, UP news, rape, minor rape, lucknow new, indian expressTHE Lucknow bench of the Allahabad High Court has permitted the termination of pregnancy of a 13-year-old rape victim, if safely possible. The girl is four-and-half month pregnant.

The court also directed the head of department, gynaecology and obstetrics, King George’s Medical University, Lucknow, to constitute a team of three senior-most teachers/doctors to examine and decide if the abortion can be carried out safely.

The operation will be carried out only if the girl’s father gives his consent. A division bench of Justices Shabihul Hasnain and Devendra Kumar Upadhyaya passed the order on September 7 on a writ petition filed by the victim, living in Uttar Pradesh, through her father.

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The girl had sought permission to terminate the pregnancy, which is a result of the undesired incident. The petition pleaded that she be allowed to undergo abortion because “she will be forced to live with a stigma and constant reminder of a most-horrendous and despicable act committed upon her”.

Passing the order, the court directed the team of doctors to examine the victim and after interaction with her, decide about seriousness of the threat to her life and also about the impact of continued pregnancy on the mental health of the victim.

In case of abortion, the authorities of KGMU will take necessary tissues from the fetus and preserve it for DNA identification, the court said.

“It has been pleaded that the victim is hopelessly poor, therefore, we provide that the expenses of medical examinations and follow up operations/surgery, if any, shall, at the moment, be borne by KGMU, Lucknow, which shall later be reimbursed by the state government,” it said.

The court observed that if the father of the victim approaches the KGMU on September 10, the arrangement for her stay as an indoor patient shall be made as also for her examination which should be carried out in a day or two from the date she is admitted. The court listed the case on September 15 to know further progress in the matter.

The girl’s father had lodged a The rape case was lodged case at the Masauli police station in Barabanki district on July 8 this year alleging that a 16-year-old boy of his village had raped his daughter a few months ago when she had gone to a fair. The rape case was lodged only after the family came to know that the girl was two-and-a-half-month pregnant.

The boy was detained and later sent to juvenile home, said station officer (SO), Masauli police station, Rai Singh Yadav. The SO added that a chargesheet against the boy has also been filed under relevant sections of the IPC and and POCSO Act.

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