Supreme Court panel to take call on 12-year-old's abortion

Mumbai: The Supreme Court (SC) on Monday ordered the setting up of an expert committee comprising doctors, including gynaecologists and psychologists, to look into whether the 24-week-old foetus of a 12-year-old Mumbai rape survivor should be aborted.

Last Wednesday, the girl’s parents filed a petition in the apex court, seeking its permission for abortion as the Medical Termination of Pregnancy Act bars the abortion of foetuses that are over 20 weeks old.

The parents had cited reasons including the girl’s age, due to which her body cannot handle motherhood, and the fact she is a rape survivor for the abortion. Medicos from state-run JJ Hospital will be included in the committee.

Lawyer Sneha Mukherjee, who is representing the girl in Supreme Court, said, “The Supreme Court has set up a medical board to examine the 12-year-old girl from JJ hospital who is pregnant. The petition is related to termination of her pregnancy.”

Talking to The Asian Age, a senior doctor from JJ Hospital said, “We have not received the court’s order till now. We need to examine her. We will be able to give our opinion after medical assessment.”

Considering her age, it is very risky for the girl to carry a foetus, he added. “The pelvis is undeveloped and the vaginal opening is small. There are risks of lacerations,” added the doctor.

The girl’s pregnancy came to light after she started gaining weight. When her mother took her to a doctor, the family was referred to gynaecologist Dr Nikhil Datar.

Dr Datar has since been assisting the girl’s parents with the legal aid required for seeking an abortion after the 20-week deadline. However, by that time, the girl was already in her 24th week of gestation.

The Medical Termination of Pregnancy Act, 1971, does not allow abortions beyond 20 weeks of pregnancy, though courts have made exceptions if the foetus has a serious medical abnormality or if the mother’s life is at risk.