The Bombay High Court allowed a 14-year-old rape survivor to terminate her pregnancy, despite a contrary medical opinion, observing that the wishes and safety of the survivor are of utmost importance.
“In our opinion, the desire and safety of the survivor is of utmost importance than any other consideration,” said the division bench of justice SV Kotwal and justice Neela Gokhale, allowing the 14-year-old to undergo medical termination of her pregnancy at JJ Hospital.
The girl had approached the high court through her mother, claiming that she was raped by a 40-year-old man residing in the neighbourhood. After it was discovered that she was pregnant as outcome of the sexual assault, an offence was registered at Manpada police station in Thane on October 1.
They approached the high court seeking permission to undergo MTP at a government facility, as they were turned down by the Central Hospital in Ulhasnagar for the pregnancy had crossed the permissible limit of 24 weeks, as laid down under the MTP Act, 1974 when the family discovered it.
“What has weighed in our mind is the safety of the surviving girl as the most important deciding factor. We have to consider the mental trauma she has undergone due to the assault and future trauma if the pregnancy continues. Her express desire to terminate the pregnancy is also an important consideration. Her environment also supports her desire for termination of the pregnancy,” they said.
SOURCE: Hindustan Times, by HT Correspondent, 13 October 2024. PHOTO: Shutterstock