Orissa HC orders prompt action on termination of pregnancy caused by rape

Any delay at the level of State authority will lead to fixation of accountability, it says

A view of the Orissa High Court.

The Orissa High Court has directed the State health administration to take prompt action to help terminate a pregnancy, an outcome of rape on minor, physically handicapped and mentally retarded girls, in accordance with the Medical Termination of Pregnancy Act, 1971.

“Once an incident of rape, be it on minor, minor and mentally retarded, minor and physically handicapped, unmarried major, married major, mentally retarded major and physically handicapped major, is made to police within eight weeks period, the police and the Chief District Medical Officer will take consent of the guardian-mother in case of minor, minor and mentally retarded, minor and physically handicapped as to whether they are interested to continue with pregnancy or interested in termination,” Justice Biswanath Rath directed.

He said that in case of major and physically handicapped, consent of such victim and in case of major but mentally retarded, consent of mother of such victim should be taken within the stipulated time as to whether the victim should continue with pregnancy or not.

“In case there is no interest shown for continuing with pregnancy, immediately after the first report of committee, the local CDMO should undertake the exercise of termination but in terms of the MTP Act, 1971,” the judgment said.

“In case interest for termination is not shown, then police authority along with CDMO is to take care of both mother and child in womb involving pre-birth care and post-birth care for at least till a period of one year after birth takes place,” it maintains. In case of termination of pregnancy, the CDMO should take DNA sample of child to ensure it is handed over to investigating agency.

The court asked the authority to ensure that secrecy of pregnancy, anonymity of the petitioner and the child to be born is maintained.

Moreover, as per direction, it will equally be the responsibility of the applicant society to ensure that the child does not know about his or her mother and, of course, about the incident. The State should bear cost of highest level of treatment and associated expenditure.

The HC warned that the report of the doctor or team of doctors may be obtained with all promptitude and any delay at the level of State authority would lead to fixation of accountability and responsibility against all involved.

Justice Rath delivered the judgment while hearing a petition seeking termination of pregnancy due to rape on physically handicapped and mentally retarded girl hailing from Jagatsinghpur district.

When the mother of the mentally retarded girl filed a case with local police in Jagatsinghpur on August 13, a doctor had then reported that she was carrying for 16 weeks. The mother moved court, seeking termination of pregnancy.

On September 8, two doctors opined that the pregnancy period was actually 24 weeks and 3 days. Looking at the discrepancy in medical report, the court directed a re-examination and actual position of the foetus and the health condition of the victim by a committee of doctors, including psychiatric expert.

On September 9, based on the report of doctors as well as the psychiatric specialist, the HC found that there was a clear opinion suggesting there was no possibility of termination of pregnancy as it would endanger the life of the girl.

After hearing the case, the court awarded awarded ex-gratia ₹5 lakh in case girl is born and ₹3 lakh in case boy is born and directed the State government to bear all expenses, including the child’s future education. The unwanted pregnancy of the victim could not be terminated due to delay in submission of medical report.