Karnataka High Court Directs Hospital To Consider Medical Termination Of 13-Yr-Old Rape Victim's Pregnancy Of 25 Weeks

The Karnataka High Court on Thursday directed a hospital in Bengaluru to examine a 13-year-old rape victim and consider terminating her pregnancy of 25 weeks.

A single judge bench of Justice M Nagaprasanna said the hospital will carry out the procedure under the Medical Termination of Pregnancy Rules, 1971, forthwith at its hospital at the cost of the State. The petitioner shall not be liable to make payment of any amounts towards such procedure, said the bench.

"The procedure is subject to further examination of the Doctor who has to conduct such a procedure 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."

In case the doctor decides to go ahead with the medical termination, the court said the foetus shall be preserved by the hospital in such a manner as to facilitate DNA testing of the foetus.

"The respondent No.2-Hospital is directed to send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory at Bangalore/Hyderabad," it added.

The girl is 13 years old as per the school certificate, her counsel told the court. The scan report issued by the Radiologist of Sree Venkateshwara Clinical Laboratory, Bengaluru showed that her pregnancy is of 25 weeks. The government counsel submitted that the procedure will be carried out as per the Medical Termination of Pregnancy Rules, 1971.

The court directed the K.G.Halli Police Inspector to make necessary arrangements as may be necessary to facilitate the transport of the petitioner and her immediate family members or attendants to hospital for treatment and after such treatment, for their transport back to their residence.

"In the event of any follow-up treatment being required and as advised by the treating doctor, respondent No.3 shall arrange for such transport at such times as advised and/or as directed by the Doctor, the same being carried out at the cost of the State," said the court.

Appearance - Advocate: KARAN JOSEPH for petitioner. Rashmi Patel, HCGP for respondents.

Case Title: XXX And THE BANGALORE MEDICAL COLLEGE AND RESEARCH INSTITUTE & Others

Case No: WP 22297/2022