Bombay High Court nixes minor's plea for abortion

Mumbai: The Bombay high court on Monday refused to grant permission for the termination of unwanted pregnancy to a minor girl, who was abducted and forced to marry her maternal cousin, and was sexually assaulted due to which she became pregnant.

The Solapur-based 17-year-old girl is 26-weeks pregnant and according to the expert committee report, the girl and her foetus were of sound health and hence the court refused to grant permission for the termination of pregnancy.

The girl along with her father had approached the court, seeking permission to terminate pregnancy, saying that nine youths had abducted the victim and she was forced to marry one of them, who was also her cousin. The petitioner's father had contended before the court that the victim is mentally and physically unable to take care of any child due to her tender age and particularly as the case is one of sexual exploitation.

“It would be extremely traumatic for the victim to beget a child,” read the petition. It was also argued before the court that there is substantial risk to the victim’s life.

The petitioner had first visited Civil Hospital, Solapur, for the termination of pregnancy, but the family was informed that since pregnancy had exceeded 12 weeks under the Medical Termination of Pregnancy Act the petitioner needed the high court's permission.

Justices N H. Patil and G. S. Kulkarni had asked a panel of doctors at KEM Hospital to examine the victim and submit a report. Government pleader Kavita Solunke submitted a sealed report of the doctor's panel before the court. The report said that the victim and foetus are healthy and the panel also recommended that the victim should not be made to deliver a premature baby, as it could be harmful to her health. Considering this report, the bench refused to grant permission for termination of pregnancy. When the government pleader raised questions about what would happen to the child, as the victim and her father were not willing to keep the child, the court said that the child could be given up for adoption after delivery. Though the accused had also shown interest in keeping the girl as his wife, the father of the victim didn't accept the proposal saying he has criminal antecedents.