13-year old rape survivor permitted to terminate pregnancy

Lawyers associated with Nyayasarathy Foundation represented the mother of a 13-year-old minor in her plea to the Bombay High Court for permission to terminate her daughter's pregnancy which was over 20 weeks old and the termination of which is not permissible under the Medical Termination of Pregnancy Act,1971. The 13-year-old who was raped by her father, on a hospital visit along with her mother found out that she was pregnant. Subsequently, an FIR was lodged at Thane Police Station and two days later the minor had sonography done when she was found to be twenty-two weeks pregnant.  The very next day the mother took her daughter to JJ Hospital Mumbai, to carry out an abortion of the fetus but the doctor informed her that as the fetus is more than 20 weeks old he cannot carry out medical termination of pregnancy without a court order.

During the hearing of the plea, the division bench of the High court of Bombay directed the minor to remain present before the Medical Board at the JJ Hospital and the Board was directed to examine the minor and submit the report before the as to whether it was advisable to permit the medical termination of pregnancy

On the basis of the report subsequently submitted by the Medical Board stating that continuation of the pregnancy would cause severe mental and physical stress to the minor mother, the Court permitted the minor to terminate her pregnancy at the JJ Hospital. As for the trial in relation to the criminal proceedings against the accused father, the hospital was also directed to preserve the blood sample and tissue sample of the foetus to carry out necessary medical tests, including DNA and other tests and the investigating officer shall ensure that the samples are forwarded to the Forensic Science Laboratory and preserved for trial.

Read the order here.