Pregnancy May Lead To Depression: Karnataka High Court Permits Minor Rape Victim To Terminate 22.5 Weeks Old Foetus
The Karnataka High Court recently permitted a minor rape victim to terminate her 22 weeks 3 days old pregnancy, upon noting that continuation of the same can develop anxiety, which could lead to depression effecting her mental health.A single judge bench of Justice Suraj Govindaraj said, "I am of the opinion that, it would be in the interest of the petitioner-victim, that the pregnancy...
The Karnataka High Court recently permitted a minor rape victim to terminate her 22 weeks 3 days old pregnancy, upon noting that continuation of the same can develop anxiety, which could lead to depression effecting her mental health.
A single judge bench of Justice Suraj Govindaraj said, "I am of the opinion that, it would be in the interest of the petitioner-victim, that the pregnancy is terminated." Following which it directed the District Civil hospital (Belagavi) to medically terminate the pregnancy of the petitioner by adopting all required safety considerations for such a procedure.
Further, it was directed that a DNA sample of the foetus shall be immediately sent to the Forensic Science Laboratory, Bengaluru for providing a DNA report so as to enable the comparison with the DNA of the accused, as and when required.
"The fetus shall be preserved in such a manner as to able to obtain a DNA sample for future examinations. The fetus shall be preserved until the culmination of the trial," it ordered.
Case Background:
The minor victim had approached the court through her father seeking directions to respondent No. 2 to Medically terminate her pregnancy forthwith. The petitioner was a victim of an offence under Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 read with Sections 363, 366-A, 376(2)(n) and 506 of the IPC. On account of the said offence the victim conceived and was 22 weeks pregnant.
Court findings:
On filing of the petition, the court referred the matter to the Medical board constituted under Section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971. The Board in its report said that if the procedure is not carried out, it may affect the mental health of the petitioner and if pregnancy is continued, it may cause serious/grave injury to the mother both physically and mentally, as it is a high risk pregnancy.
Further it said if the petitioner were to continue her pregnancy she can develop anxiety, which could lead to depression affecting her mental health. The Board also opined that the petitioner needs termination of pregnancy, despite the risk which has been stated in the said report.
The bench relying on Section 3(2)(b), said, "The pregnancy in the present case is 22 weeks 3 days, which is within the prescribed period of 24 weeks under Section 3(2)(b) of the Act. The Medical Board has opined that the pregnancy could be terminated despite the risk. In view thereof, I am of the opinion that, it would be in the interest of the petitioner-victim that the pregnancy is terminated."
Case Title: Kumari M. v. The State Of Karnataka
Case No: Writ Petition No.100875/2022
Citation: 2022 Livelaw (Kar) 68
Date Of Order: 05th Day Of March, 2022
Appearance: Advocate Sharad V. Magadum For Petitioner; Advocate Shivaprabhu Hiremath For Respondent
Click Here To Read/Download Order