Bombay HC Allows 13-year-old Girl Raped Allegedly By Father To Terminate Pregnancy [Read Order]

The Bombay High Court on Tuesday allowed a writ petition filed by the mother of a 13-year-old girl seeking permission for medical termination of pregnancy of her 24 week old foetus. The minor girl was raped allegedly by her father.

Division bench of Justice Nitin Jamdar and Justice NR Borkar in an order dated May 22, had directed the minor rape survivor to remain present before the Medical Board at Sir JJ Group of Hospitals, Mumbai on May 23. Board was directed to examine the minor and submit the report before the court as to whether it was advisable to permit the medical termination of pregnancy.

The petitioner mother had contended that the minor, while she was residing with her aunt at Thane, was sexually abused by her father which has led to the pregnancy. An FIR was lodged at Thane Police Station on May 17 and two days later on May 19, the minor had her sonography done when she was found to be twenty-two weeks pregnant. The petitioner then took her daughter to JJ Hospital where she was informed that as the fetus is over 20 weeks old, medical termination of pregnancy was not permissible under the Medical Termination of Pregnancy Act, 1971. Hence, the present petition was filed.

The medical board opined that continuation of pregnancy would cause severe mental and physical stress to the minor mother. Thus, Court said-

"Having considered the opinion of the Medical Board that the continuation of the pregnancy will be a physical and mental stress for the minor mother, the stand of the Petitioner and the minor, and the circumstances leading to the pregnancy, it would be necessary to permit the medical termination of pregnancy.

An FIR has been filed, and thus the tissues, blood samples of the fetus need to be preserved for the requisite medical test, including DNA Fingerprinting/mapping. The Petitioner is accordingly permitted to go ahead with the medical termination of the pregnancy of her minor daughter as per the Medical Board's opinion dated 25th May 2020."

Court asked the petitioner mother to remain present along with her daughter at JJ Hospital on May 29 at 11 am for the requisite procedure. The hospital has been directed to preserve the blood sample and tissue sample of the foetus to carry out necessary medical tests, including DNA and other tests. The investigating officer shall ensure that the samples are forwarded to the Forensic Science Laboratory and preserved for trial.

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