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Monday, September 27, 2021

Mumbai: HC allows minor rape victim to terminate 29-week pregnancy

A division bench of Justice Ujjal Bhuyan and Justice Madhav Jamdar passed the order while hearing a writ plea filed by the minor girl's mother

By: Express News Service | Mumbai |
Updated: September 13, 2021 8:09:36 am
The plea said that the petitioner's daughter got pregnant after she was raped earlier this year and an FIR was registered in Nalasopara in Palghar district under IPC and POCSO Act.

The Bombay High Court on Thursday allowed nearly a 16-year-old girl, a rape victim, to medically terminate her 29-week pregnancy after the medical board appointed by the HC found that though no abnormalities were detectable in the foetus, the girl is anguished by the pregnancy and continuation of the same may impact her mental health.

A division bench of Justice Ujjal Bhuyan and Justice Madhav Jamdar passed the order while hearing a writ plea filed by the minor girl’s mother, argued through advocate Ashley Cusher seeking termination of pregnancy.

The plea said that the petitioner’s daughter got pregnant after she was raped earlier this year and an FIR was registered in Nalasopara in Palghar district under IPC and POCSO Act.

On September 7, the HC referred the case to a medical board constituted by the dean of state-run J J hospital in Mumbai, which submitted its report on Thursday.

After examining the ultrasonography report as well as psychiatric evaluation of the minor girl, the medical board observed, “Though no abnormalities are detectable in the foetus, the pregnant minor mother is anguished by the pregnancy. Continuation of the pregnancy in the minor may lead to pregnancy-related complications including impacting the mental health of the pregnant minor mother.”

In view of this, the medical board recommended medical termination of pregnancy.

On Friday, the bench permitted the petitioner to undergo medical termination of pregnancy at J J Hospital expeditiously. Stating that the girl had become pregnant due to alleged rape, the HC directed the authorities to preserve blood and DNA samples while carrying out medical termination of pregnancy and the same be handed over to the investigation agency as and when required.

Seeking a report on the outcome of the procedure, the HC posted the next hearing to September 20.

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