Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy

The Karnataka High Court has permitted a 16-year-old victim of sexual assault to terminate her 26-week-old pregnancy.

A single judge bench of Justice M Nagaprasanna allowed a plea by the minor girl who was represented by her mother and said, “In the light of the opinion of the Medical Board, the victim can undergo termination of pregnancy with necessary precautions and it would become necessary for a direction to be issued to the Hospital to undertake termination of pregnancy.”

The minor girl was allegedly subjected to sexual assault at the hands of the accused who is charged with offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 376 of the IPC.

The petitioner was examined by the General Hospital, Bangarpet, Kolar on 22.11.2023, on account of experiencing pain in her abdomen and Amenorrhea. It was submitted that the obstetric sonogram examination report resulted in an indication that the petitioner was 26 weeks pregnant. After the registration of the aforesaid crime, the victim was placed in Government's Girls Home for such care and protection. The mother of the victim – a minor petitioner then requested for facilitation of termination of pregnancy as she has crossed 24 weeks.

The court by an order dated 01.12.2023, referred the victim for examination to Vani Vilas Hospital, Bangalore to constitute Medical Board of Gynecologist, Paediatrician and all necessary experts, who shall examine the petitioner on 02.12.2023 and give and render an opinion as to the fitness of the victim to undergo medical termination of pregnancy as also the condition of the foetus. The board opined that she shall undergo termination of pregnancy with necessary precautions.

Accordingly the bench disposed of the petition and directed Vani Vilas Hospital to carry out the procedure for Medical Termination of Pregnancy in terms of the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State.

It was observed that the procedure would be subject to further examination by the Doctor who has to conduct it, and if in the opinion of the Doctor, such a procedure would cause harm or injury to the life of the petitioner, the Doctor shall be the final deciding authority as to whether to go ahead or not with such a procedure.

Court directed the Karnataka Legal Services Authority to disburse a sum of Rs.75,000/- to the petitioner for her medical treatment and care as she would require in future.

Appearance: Advocate A.S.Vishwajith, for Petitioner.

AGA Navya Shekhar, for the respondents.

Citation No. 2023 LiveLaw (Kar) 471

Case Title: MS X AND State of Karnataka

Case No. WRIT PETITION NO. 26768 OF 2023

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