Bombay HC Dismisses Plea By Minor Rape Victim’s Father Seeking Medical Termination Of 27-Week-Old Foetus [Read Judgment]

The Bombay High Court has dismissed a petition filed by a rape victim’s father seeking medical termination of a 27-week-old foetus after a panel of 8 doctors from KEM Hospital in Mumbai recommended that the victim should be directed to continue with the pregnancy.

In 2017, an FIR was registered against the accused for the offence punishable under Section 376 of IPC and under sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The petitioner-father had argued that his 16-year-old daughter is anaemic and continuing with the pregnancy would be harmful for her health.

A bench of Justices Ranjit More and PD Naik had directed the Director (Medical Education & Major Hospitals) and Dean (G.S.Medical College) & KEM Hospital, Mumbai, to form a medical board of expert doctors and examine the present health condition of the petitioner's minor daughter and submit the report by October 13.

On Friday, a report was submitted by the medical board which stated that the obstetric examination showed 26 to 27 weeks pregnancy with viable foetus and there was no abnormality detected in the foetus.

The report also noted that the victim was only mildly anaemic. The board opined that the petitioner's daughter should be directed to continue pregnancy with medical and psychological support, and the pregnancy should be managed as per obstetrics’ indication.

“In the light of above report and especially in view of the provisions of section 3 of the Medical Termination of Pregnancy Act, 1971, we are not inclined to interfere in the petition. Hence, petition is dismissed,” the court said.