Mumbai: The Bombay High Court on Tuesday allowed a 13-year-old rape victim to abort her 26-week-old foetus, considering her age and the agony she was likely to undergo if forced to continue with the pregnancy. The law does not allow abortion after 20 weeks of pregnancy.
A Bench of Justices Shantanu Kemkar and G.S. Kulkarni, however, allowed the plea filed by the victim’s father seeking that the girl, who was allegedly repeatedly raped by her cousin, be permitted to medically terminate her pregnancy as she was physically incapable to bear and deliver a child.
Earlier last week, the Bench had directed a medical board at the KEM Hospital to examine the victim and determine if an abortion would be safe at this stage. The board submitted there existed a greater risk of maternal mortality in cases where women below 20 years of age delivered a child. “Considering the board’s report and the victim’s age, the trauma she has already undergone and the agony she is likely to undergo if forced to continue with this pregnancy, we are inclined to allow the plea,” the Bench said.
As per the plea, the girl was repeatedly raped by her cousin, who lived in the same house. On November 17, the girl’s father registered an FIR. The compulsory medical test revealed she was 24 weeks pregnant at the time. Since the Medical Termination of Pregnancy Act doesn’t allow abortion after 20 weeks, the victim and her family approached the HC.
The same Bench, while hearing a similar petition, permitted a 27-year-old woman to abort her foetus after experts at JJ Hospital confirmed that her 25-week-old foetus had severe neurological problems. “Considering that the child, if born, will suffer from lifelong neurological complications, and considering the fundamental rights of the petitioner, we allow the plea,” Justice Kemkar said.
