SC orders urgent medical test of child rape victim

10-year-old victim sought to end pregnancy after 26 weeks

The Supreme Court on Monday ordered the medical examination of a 10-year-old rape victim at the Chandigarh PGIMER on a plea for termination of her 26-week-old pregnancy.

The law only allows abortion within 20 weeks of pregnancy. The exception is when the pregnancy will be a danger to the health and life of the mother or if the foetus is found to be abnormal. The courts usually depend on the verdict of the medical board examining the victim.

A Bench led by Chief Justice of India J.S. Khehar directed the medical board to examine whether the health of the victim would be “adversely affected if the pregnancy is allowed to continue”.

The court entrusted the Chandigarh Legal Services Authority to make all the facilities required for the victim and a parent to have the medical examination done on July 26.

The court fixed the matter for hearing on July 28.

The PIL plea was filed after a Chandigarh court refused to let the girl terminate the pregnancy.

The petition has also sought appropriate guidelines and the setting up of a permanent medical board in each district for expedient termination of pregnancies in exceptional cases involving child rape survivors under the best possible medical facilities.

It has sought directions to the Centre to amend Section 3 of the Medical Termination of Pregnancy Act, 1971, to permit termination of pregnancies over 20 weeks, particularly involving child rape victims.