In a first-of-its-kind case in which the Madras High Court had to take a call between asking an 11-year-old victim of rape to continue to carry a 24-week-old foetus in her womb or order termination of her pregnancy, the court has accepted the doctors’ opinion that continuation of the pregnancy was risky.
A Division Bench of Justices R. Subbiah and R. Tharani took the call on a writ petition filed by the victim’s mother in the Madurai Bench of the High Court seeking its nod to terminate the pregnancy of her minor child who was studying in class VII when she was raped by her nephew.
The judges ordered that the terminated foetus of the minor victim be preserved for the medical examination and DNA test in the criminal case booked against the accused who had already been arrested under the Protection of Children from Sexual Offences (POCSO) Act of 2012. and remanded to judicial custody.
Appalled by the crime committed against a school-going child by her close relative, “despite all efforts taken to curtail sexual offences against women and children,” the judges ordered the Dean of Government Rajaji Hospital in Madurai to constitute a medical board to examine the victim.
The child was examined thoroughly and the doctors filed a report stating that the termination of her pregnancy could lead to complications, such as bleeding, birth of a viable live baby and also failure of vaginal expulsion, which may end up in hysterotomy (surgical removal of baby).
Board’s report
The medical board stated that continuation of pregnancy could lead to complications like anaemia, pregnancy induced hypertension, pre-term labour and caesarean section during delivery of the baby. Finding that the report speaks about risks involved in both the situations, the judges wanted to know which one was more risky.
In reply, the board told the court: “Risk of continuation of pregnancy carries more risk than second trimester termination of pregnancy. It carries risk of increased morbidity for mother and baby. If the adolescent girl and her family opts for termination of pregnancy, termination can be done on the direction of the court at the earliest.”
Though the Medical Termination of Pregnancy Act of 1971 provides for terminating a foetus only if the pregnancy does not exceed 20 weeks, the judges found that the Supreme Court had ordered termination of a 24-week foetus this year after it found that the baby would be born with serious handicaps and a limited lifespan.
Taking it as a cue and “with a heavy heart,” the judges ordered termination of the pregnancy without any loss of time. The Dean was ordered to provide all medical facilities to the child, monitor her health condition and also provide counselling with the assistance of experts to help her recover from the trauma.
