Raped teen's dad moves Bombay HC to abort 26-week foetus
The Medical Termination of Pregnancy Act bars abortion of a foetus over 20-week old unless approved by a court.
Mumbai: The father of a 13-year-old rape victim on Thursday moved the Bombay high court (HC) seeking permission to terminate his daughter’s 26-week pregnancy.
According to the father, the girl was physically not capable of bearing and delivering a baby and must be saved from the mental and physical anguish that may be caused to her if she continues with the pregnancy.
The Medical Termination of Pregnancy Act bars abortion of a foetus over 20-week old unless approved by a court. The court has kept the next hearing of the case on December 5.
The petition filed by the father has referred to research, which has claimed that the “risk of maternal mortality could be five times higher for mothers aged 10 to 14 than for those aged above 20 years.”
After going through medical records placed on record by the petitioner, advocate Meenaz Kakalia and Kranti L C, the division bench of Justice Shantanu Kemkar and Justice G. S. Kulkarni directed the Medical Board of Sir J. J. Hospital to examine the victim and file a report, stating if it would be safe to allow her to undergo pregnancy termination process. The court has directed the Dean of J. J. Hospital, HoD of Gynaecology, Professors and HoD of Paediatric Cardiac Surgeon, Professors and HoD of Radiology and Psychology, a Cardiologist and any other expert in the field as the Dean may deem fit to examine her and submit report before the court by December 4.
The petition said that the victim’s cousin, who lived in the same house, repeatedly raped her. On November 7, the girl complained of pain in the abdomen following which her parents took her to doctor, who informed them about the pregnancy. Later, an FIR was registered against the accused on November 17. Subsequent medical tests confirmed that she was 24-weeks pregnant at that time.
According to father of the victim, forcing her to continue with an unwanted pregnancy would deprive her of her right to safeguard the privacy of procreation, motherhood and child-bearing, as guaranteed under Article 21 of the Indian Constitution.