The Delhi High Court has constituted a medical board, comprising a gynaecologist and a psychiatrist, to give an opinion on medical termination of pregnancy of a 16-year-old rape victim seeking permission to terminate her 22-week “unwanted” pregnancy.
Justice Vibhu Bakhru after interacting with the minor girl, who insisted that the pregnancy be terminated, said she needed to be medically evaluated, both physically and psychologically.
The judge directed the medical superintendent of a government hospital here to constitute the medical board.
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The minor’s plea states, she was lured into a sexual relationship by a married man for a year, after which she became pregnant.
Act prohibits abortion
The Medical Termination of Pregnancy (MTP) Act prohibits the abortion of a foetus after 20 weeks of pregnancy. An exception to the law is made if a registered medical practitioner certifies to a court that the continued pregnancy is life-threatening for either the mother or the baby.
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The court, in its order passed on November 28, asked the girl to appear before the board on November 30 and directed the board to submit its report thereafter.
The victim’s counsel relied upon the Supreme Court’s orders in which the court, after examining the medical reports, had permitted the termination of pregnancy even after a period of 24 weeks of pregnancy.
The girl, in petition filed through her father, said she was a victim of rape as the 20-year-old man lured her into sexual relations by telling her that he was a divorcee and “they were akin to husband and wife”.
Punishable offence
The Indian Penal Code says sexual relationship with a girl below 16 years of age is punishable for offence of rape irrespective of her consent.
An FIR was lodged on November 3 for the alleged offence of rape under the IPC and the Protection of Children from Sexual Offences Act.