MADURAI
The Madurai Bench of the Madras High Court on Tuesday refused to allow termination of pregnancy of a 12-year-old girl from Dindigul, following advice from medical professionals against the move as the gestation period crossed 30 weeks.
Calling it an unfortunate case, a Division Bench of Justices R. Subbiah and B. Pugalendhi refused permission sought by the mother of the girl to terminate pregnancy of the girl, who was sexually assaulted by their 70-year-old neighbour. The accused was remanded in judicial custody under the Protection of Children from Sexual Offences (POCSO) Act.
The court took cognisance of the report filed by medical experts after examination of the girl, stating that termination of pregnancy would adversely affect the girl’s health.
“We cannot ignore such an opinion and issue a direction for termination of the pregnancy. In a situation of this nature, we have to accept the opinion rendered by the competent medical professionals... having left with no other alternative option but to refuse the prayer sought,” the court observed.
However, if the petitioner was not inclined to nurture the baby after its birth, it could be given in adoption under the cradle baby scheme or any other such scheme in accordance with the procedures recognised by Tamil Nadu Social Welfare department, it said.
The court said it was fully aware of the fact that the minor girl would have to confront a trauma: emotionally, physically and mentally, and mere incarceration of the offender would not cure the invisible scars of the child. The court directed the Home department to pay a compensation of ₹5 lakh under the Victim Compensation Act, which should be deposited in a nationalised bank in the name of the girl within four weeks of issue of the order.
The compensation awarded under the Act would not be a bar on the criminal court ordering appropriate compensation to the victim under the POCSO Act, the court said.
A Division Bench of Justices R. Subbiah and R. Tharani which had earlier allowed termination of the pregnancy of an 11-year-old girl from Dindigul, on Tuesday directed the Home department to pay a compensation of ₹2 lakh under the Victim Compensation Scheme to the girl which should be deposited in a nationalised bank within four weeks.
