Bombay HC denies permission to 16-yr-old rape survivor to undergo abortion

Rape survivor is 27 weeks pregnant

October 14, 2017 01:06 am | Updated 01:06 am IST - Mumbai

The Bombay High Court on Friday denied permission to a 16-year-old rape survivor, who is in her 27th week of pregnancy, to undergo an abortion, citing the report of a panel of doctors which examined her.

A bench headed by Justice Ranjit More turned down the plea filed by the girl’s father on her behalf that she be allowed to terminate her pregnancy.

The order came after a panel of doctors from KEM hospital and GS Medical College in the city submitted a report advising that the girl continue with the pregnancy owing to the potential risks to her health if it is terminated at such a late stage.

A panel of eight doctors had medically examined the girl on Thursday.

The girl’s father had claimed in the plea that continuing the pregnancy would cause grave injury to her. He said she was not in good health, that she was suffering from anaemia, and that having and raising a child of rape would cause her further mental and physical trauma.

During the hearing on Friday, the girl’s lawyer also invoked her right to a life of dignity as guaranteed by the Constitution, and argued that subjecting a minor girl to a pregnancy that she does not desire was in breach of her constitutional rights.

The bench, however, said that it could not go against the suggestion of the medical experts, and the law that does not permit the termination of a pregnancy after 20 weeks, unless the mother’s life is in danger.

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