13-year-old’s abortion plea triggers debate

Doctors say carrying baby to full term could be risky

August 17, 2017 12:45 am | Updated 12:45 am IST

Mumbai: The abortion petition in the case of the 13-year-old rape victim from the city is likely to be filed this week. While the legal process is on, there is a strong voice within the medical fraternity to give more importance to the life of the victim, rather than the foetus.

In a recent case, the Supreme Court denied a 10-year-old rape victim from Chandigarh permission to terminate her pregnancy as it may be a risk to her life. Doctors, however, argue that carrying the baby to full term could be trickier for a minor than terminating the pregnancy when the foetus is smaller.

“There is absolutely no dearth of data to show that such pregnancies are detrimental to the girl’s physical and mental health. But there is a myth that termination at 27 or 28 weeks is risky,” said gynaecologist Nikhil Datar. He said the risk can be, at best, equated to that of delivery. “There is a simple logic. How can the trauma be less for the girl who is made to deliver a full-term baby when her vaginal passage and the pelvic capacity will remain the same? Won’t it be easier for her to terminate the pregnancy when the foetus is much smaller?” asks Dr. Datar.

The difference is that at full term, the girl may go into natural labour, while medicines are administered for termination. “But when the risk remains the same, why make the young girl suffer from the mental trauma of childbirth?” he said.

The 13-year-old girl’s pregnancy came to light last week after she was referred to Dr. Datar, who in turn informed the police. She was sent for medical examination to the State-run JJ Hospital, and an FIR was registered by the Dindoshi police under the Protection of Children from Sexual Offenses Act against unknown persons. The very next day, the police arrested the culprit, an employee of the girl’s father.

By this time, the girl was 27 weeks pregnant. The family told the police that they assumed it could be thyroid or other disorder, due to which she was putting on weight. At present, the Medical Termination of Pregnancy (MTP) Act allows abortion only up to 20 weeks. A draft amendment to the Act allows termination up to 24 weeks if there is substantial risk to the child or the mother, and at any stage if the foetus is diagnosed with substantial abnormalities.

Gynaecologist Sangeeta Pikale said terminating the pregnancy in light of the risk to the mother’s life would be the right thing to do. “I would look at it as an act of self-defence by the victim,” said Dr. Pikale. She said that for some reason, the thought of giving justice to the victim is missing.

Experts say that at 14 weeks, a cervical dilatation of at least 2 cm is required, while at 28 weeks, a 6-7 cm dilatation is required. To deliver a full-term baby, the dilatation has to be around 10 cm. Doctors say that as the victim is so young, there will be scarring of the uterus at any given point of time. The larger the foetus, there are more chances of severe pain, bleeding and tears.

Another doctor who did not wish to be named said that one of the concerns is that the medical opinion in such cases is coming from academic heads of institutes, who often have a traditional way of thinking. “By denying the victim permission to terminate legally, the judiciary is pushing hundreds of others to seek the illegal route,” he said.

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