"Compounds To Agony Of Child": Punjab & Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy
"Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said,...
"Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice", the Punjab & Haryana High Court said while allowing a minor rape victim to terminate over 12 weeks of pregnancy.
While noting that pregnancy is "an outcome of violation of the minor", Justice Vinod S. Bhardwaj said, "the child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his/her origin or only to be given away. In either of the said situation, the mother as well as the child shall suffer social stigma and incarceration for rest of their lives."
The same is not in the best interest of either of the mother and her family already having expressed their unwillingness to bring up the child, it may not even be advancing the cause of the unborn, who will grapple to come to terms with life and be subjected to maltreatment for no fault. Such decisions are tough, however, life is not just about being able to breathe – rather it is about being able to live with dignity, said the Court.
"Balance thus needs to be drawn to examine the overall wellbeing. Whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized. The choices thus reduce and it seems more prudent to allow the termination of pregnancy," it added.
These observations were made while hearing the plea of the mother of the 15 years old rape victim seeking termination of over 12 weeks of pregnancy under Medical Termination of Pregnancy Act, 1971.
It was submitted by the petitioner that the victim was kidnapped and later recovered from the illegal custody of the accused after filing the writ petition. After recovery, the minor was medico-legally examined, whereupon, she was found pregnant of more than 12 weeks. Thereafter, the minor disclosed to her mother (the petitioner) that the accused had committed rape upon her, the counsel for the petitioner stated.
Subsequently, an FIR under Sections 363 and 366-A of the IPC had been registered against the accused.
As per Medical Board of the AIMS, Mohali's examination submitted by the petitioner, "gestational period is less than 20 weeks, which is permissible age for medical termination of pregnancy as per MTP Amendment Act 2021. So the victim is fit for Medical Termination of Pregnancy as per the clinical examination reports."
Consequently, the Court directed the the Director of Medical Board of the Dr. B.R. Ambedkar Institute of Medical Sciences, Mohali to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of the petitioner' minor daughter upon satisfaction of all such necessary conditions as prescribed in law.
While allowing the plea the bench said, the petitioner would be at liberty to espouse her financial status before the Authorities concerned and be entitled to the benefit under the prevalent schemes in accordance with the Rules.
Appearance: H.S. Batth, Advocate for the petitioner.
Saurav Verma, Addl. A.G., Punjab.
Citation: 2024 LiveLaw (PH) 16
Title: X v. State of Punjab & Ors.