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Allahabad HC orders compensation, security to 12-year-old rape survivor

September 21, 2022 03:00 am | Updated 01:09 pm IST - New Delhi

The court allowed the girl to terminate her pregnancy based on the recommendation of an expert medical panel. File

The court allowed the girl to terminate her pregnancy based on the recommendation of an expert medical panel. File

In one of the fastest disposed writ petitions, the Allahabad High Court on Tuesday ordered officials of Uttar Pradesh to ensure immediate compensation and police security to a 12-year-old rape survivor, who had approached the court on September 8 to terminate her 23-week pregnancy.

The Bench of Justices Attau Rahman Masoodi and Om Prakash Shukla had ordered the termination of pregnancy of the minor on September 12 and it was carried out by a medical team last week. The daughter of a daily wager, the girl was raped by her neighbour in April. The order came after an expert panel of doctors cleared the termination of the pregnancy.

The Bench stated, “We permit it in order to free the victim of the trauma and social miseries ahead.” It added that the tissue of the foetus had to be preserved for the trial of the rape case that is going on.

Ashish Kumar Singh, the lawyer of the survivor, told The Hindu that the court on Tuesday ordered the district administration of the city she belonged to, to ensure compensation was given.

“It also directed the police to give security to the girl and her family as the accused is her neighbour,” said Mr. Singh, who had taken the case pro bono.

Mr. Rajesh Tiwari, the standing counsel in the case, said that the court’s decision came just a week before the limit to pregnancy termination according to the Medical Termination of Pregnancy (MTP) Act.

The Medical Termination of Pregnancy (MTP) Act permits termination of pregnancy for certain categories of women, including a rape survivor, on the grounds that such pregnancy causes grave injury to the mental health of the victims. The act was amended in 2021 , allowing MTP till 24 weeks in some categories.

Senior advocate practicing in Allahabad HC, MR J.N.Mathur, who was appointed as the<SU>Amicus Curiae in a couple of case related to the termination of pregnancy by women who were rape survivors, told The Hindu that he fought a case in 2015 in which court took 4 months to decided the matter.

“In that case, the girl had to deliver the baby and then the court intervened to get the child adopted. In this case, I would say it is surely one of the fastest disposed WRITs and prompt action of the judges is appreciated,” he added.

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