Allahabad High Court Allows Termination Of 23-Week Pregnancy Of 12-Year-Old Rape Survivor To 'Free Her Of The Trauma & Social Miseries'

The Allahabad High Court on Monday allowed a Writ Petition that was filed before it to terminate the 24-week-old pregnancy of a 12-year-old rape survivor.

Keeping in view the report of the medical board, the bench Justice Attau Rahman Masoodi and Justice Om Prakash Shukla permitted the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice.

It may be noted that when the case had come up for hearing on September 8, 2022, the Court had ordered the constitution of a Medical Board for examining the victim and the plea for medical termination of pregnancy.

Now, perusing the report of the board and taking into account the fact that the victim is carrying 23 weeks of pregnancy, the Court allowed the termination and went ahead to pass the following order:

"This we permit in order to free the victim of the trauma and social miseries ahead. The petitioner shall be provided due medical care equipped with all the necessities required for the purpose. We hope and trust that the CMO, Bahraich shall monitor financial implications to the fullest inclusive of the fooding and lodging of two extra family members of the victim."

The Court also permitted the medical board to obtain the necessary consent of the victim's father before the termination of pregnancy.

"The tissues of foetus shall be preserved for forensic analysis and use of the evidence in trial," the Court further ordered as it posted the matter for further hearing on September 20, 2022.

Essentially, the Girl was raped in April 2022, however, due to fear, she didn't disclose anything about the incident to anyone. Thereafter, in August 2022, she finally narrated the entire story to her parents and thus, an FIR was lodged and the accused was arrested.

Thereafter, she moved a representation before the concerned authorities of her home district (Bahraich), however, no substantial action was taken and thus, the father of the victim moved to the High Court with the instant writ plea seeking the termination of her unwanted pregnancy.

At the outset, the Court noted that since it lacked medical expertise for expressing an opinion in this regard, therefore, the Court had, on September 8, issued the following order to the KGMU Administration:

"Let the victim be examined at KGMU, Lucknow at the earliest. The victim is permitted to be taken to the KGMU, Lucknow immediately where she shall be admitted and subjected to the medical examination. Registrar, KGMU, Lucknow is hereby directed to ensure admission of the petitioner whose name shall remain undisclosed. The medical report upon the examination of the victim shall be placed before this court on or before 14.09.2022. The guardian of the victim namely Bharat Lal shall ensure production of the victim at KGMU, Lucknow on 10.09.2022. Compliance report shall be submitted by KGMU, Lucknow through the Chief Standing Counsel or the Standing Counsel appointed by the KGMU, Lucknow."

Counsel Ashish kumar singh appeared for the petitioner.

Case title - Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others [WRIT - C No. - 6102 of 2022]

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