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This is an archive article published on May 8, 2018

Bombay HC gives one more day to woman to decide on teen daughter’s abortion

The woman, a domestic help, approached the court when the girl, a “rape victim” was 24 weeks pregnant, which is beyond the stipulated ceiling of 20 weeks, under Section 3 of Medical Termination of Pregnancy Act, 1971.

Mumbai, Mumbai news, mumbai corporator, Mumbai illegal construction, bombay high court, indian express news Last week, the court had directed the constitution of a committee of experts/medical board at Rajawadi Hospital to examine the girl and give an opinion as to whether it would be safe to terminate the pregnancy.

The Bombay High Court Monday asked a woman to take one more day to decide on the abortion of her 24-week pregnant daughter after she was explained the risks involved in the termination of the pregnancy. The woman had learned about her daughter’s pregnancy after the 16-year-old complained of stomach pain and was taken to hospital.

The woman, a domestic help, approached the court when the girl, a “rape victim” was 24 weeks pregnant, which is beyond the stipulated ceiling of 20 weeks, under Section 3 of Medical Termination of Pregnancy Act, 1971.

The girl was allegedly raped by a relative’s friend. Last week, the court had directed the constitution of a committee of experts/medical board at Rajawadi Hospital, comprising the dean and heads of the department of gynaecology, neurology, pediatrics, psychology, radiology to examine the girl and give an opinion as to whether it would be safe to terminate the pregnancy.

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The report was filed before the court on Monday, which was in the favor of abortion.

The vacation bench of Justice A K Menon and Bharati H Dangre observed that the mother had signed the petition in the Devnagari script. It asked the lawyer if she was aware of the contents of the petition.

To ensure that she was informed about the consequences of her plea, the court asked the doctors from the Rajawadi Hospital, who were present in court, and the lawyer to bring her before the court.

The doctors informed the court that it would be better to terminate the pregnancy at KEM Hospital that has better facilities. The court asked doctors from KEM Hospitals to be present as well.

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The mother, the doctors from Rajawadi and KEM Hospitals were later present before the court.

Justice Dangre asked the mother in Marathi, if she was aware of the pain her daughter would go through during the abortion and about her present condition, if she was doing well.

While mother answered in the affirmative, the court noticed that she was not aware about the particulars of the petition.

The court asked the doctors from the KEM Hospital to explain the procedures of the abortion to the mother.

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After 15 minutes, the doctor told the court that she has explained the risk of abortion to the mother but she was in two minds, whether to abort the child or to let her daughter give birth and give up the baby for adoption.

The court observed that the mother was unable to take a decision. The bench then said that the petitioner “waited for 24 weeks, so wait for one more day and decide.” The court asked Rajawadi Hospital to arrange for counsellor for the mother and help her take a decision. The court posted the matter on Wednesday.

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