Court tells police to guide pregnant minors
The girl's lawyer ers argued that continuing with the pregnancy would cause her mental anguish.
Mumbai: The Bombay high court on Friday said that if the police comes across cases involving minor rape victims who are more than 20-week pregnant, the police should guide them about the law under which they can legally abort their child. The court allowed a 16-year-old rape survivor from Mumbai to abort her foetus that is 21-week-old after a panel of doctors suggested that it would be safe for her.
A division bench of Justices Naresh Patil and G S Kulkarni was hearing a petition filed by the girl who had been turned away by two government hospitals when she approached them for aborting her foetus as she had not followed the legal procedure under The Medical Termination of Pregnancy Act (1971), which bars abortion of over 20-week foetus. Doctors at the civic-run KEM hospital asked her to approach the high court, as an abortion beyond 20 weeks is illegal, except under certain circumstances.
While hearing the court noted that the girl lost five to six days in running from one hospital to another. “Often (rape) victims and their families do not know that they have the option of medically terminating a pregnancy up to 20 weeks. The state must tell police officers to not waste any time when they are dealing with such victims,” the court said.
“The police must inform them that they have this option and can visit a hospital,” the bench said.
Advocate Meenaz Kakalia, the victim's lawyer argued that the girl wanted to undergo abortion as the pregnancy was the result of a rape. Continuing with the pregnancy would cause her much mental anguish, and being a minor, she must not be forced to give birth.
The high court then directed a panel of doctors to examine the girl. After the medical report said that despite the advanced stage of pregnancy, abortion would not pose danger to her life, the court granted the girl's plea.