MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's (rape survivor) pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that the...
The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's (rape survivor) pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.
A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that the state government and the doctors performing the abortion would not have any responsibility for this.
The Court passed this order while dealing with a writ plea filed by a 13-year-old rape survivor. During the hearing of the case, the court sought an affidavit from the complainant and the parents of the prosecutrix to the effect that she would not turn hostile concerning the commission of rape by the person against whom allegations have been made.
On May 31, such an affidavit was filed by the father of the prosecutrix stating that they would stick to their allegations that the prosecutrix was not only kidnapped but she was subjected to rape by the accused who has been arrested.
Taking the affidavit on record, the Court directed the respondents to terminate the prosecutrix's pregnancy immediately and directed her father to produce her before the CMHO, District Hospital, Singrauli.
Further, the Court also directed the Doctors to preserve the fetus as per the directives of the DNA Test Laboratory and not to preserve the same in a formalin solution.
"The preserved fetus shall be immediately handed over to the investigating Agency, and the Investigating Officer is directed to send the fetus to DNA Fingerprint Laboratory within a period of two days from the date of seizure of the said fetus," the Court added.
The order comes days after the High Court rejected a plea for medical termination of pregnancy when the victim's mother conceded that they did not intend to prosecute the accused relative.
Read more about the case here : MP High Court Denies Permission To Terminate Pregnancy After Prosecutrix's Mother Concedes They'll Turn Hostile In Trial Against Rape Accused
Case title - Victim A vs. The State Of Madhya Pradesh
Case Citation: 2024 LiveLaw (MP) 132