After examining an assessment report submitted by the JJ hospital medical board, the Bombay High Court on Tuesday allowed a 13-year-old, in 23rd week of pregnancy, to undergo abortion. She was allegedly raped by her father.
The court on May 22 had directed the hospital medical board to assess whether the 13-year-old girl can undergo medical termination of pregnancy without being subject to any health risks.
A division bench of Justices Nitin Jamdar and Nitin R Borkar was hearing a plea filed by the minor’s mother, who alleged that her daughter, while residing with her aunt in Thane, was sexually abused by her father, resulting in the pregnancy.
The court was informed by advocate Sangram Chimappa that the FIR was lodged at Thane police station on May 17. When her sonography was done on May 19, she was found to be 22-week pregnant.
The report by the medical board on May 25 stated, “At 23 weeks of gestation, termination of pregnancy carries risk to pregnant minor. Also, continuation of pregnancy will have physical and mental stress to minor. Hence, it is advisable to terminate the pregnancy at a convenient hospital of her choice.”
Following this, the court ruled, “The petitioner is permitted to go ahead with the medical termination of pregnancy of her minor daughter as per medical board’s opinion dated May 25.” It added that in case the child born out of the termination of pregnancy is alive, the medical practitioner conducting the procedure shall ensure that all necessary facilities are available to save the child’s life.
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