Mumbai: The Bombay High Court on Monday allowed a 13-year-old rape victim to terminate her 24-week pregnancy and directed her to appear before a state-run hospital here on Tuesday to undergo the medical procedure.
A division bench of Justices N H Patil and Anuja Prabhudessai gave its permission after the state-run JJ Hospital's medical board examined the victim and opined that the continuation of the pregnancy would endanger her life. The court also sought to know from the Maharashtra government if there was any circular or guidelines to the police on how to handle such cases. The state government was directed it to revert to the court after two weeks.
The bench was hearing a petition filed by the father of the minor victim. Under the Medical Termination of Pregnancies Act, termination of pregnancy which has crossed the 20-week gestation period is allowed with the permission of the high court.
The Mumbai High Court had last week interviewed the victim and directed the JJ Hospital's medical board to examine her and submit a report on Monday. In its report, the board opined that the termination of pregnancy was advisable as its continuation would endanger the life of the girl and also have a negative psychological impact on her.
After perusing the report, the bench today allowed the petition and directed the girl to appear before the JJ Hospital tomorrow to undergo the medical termination of pregnancy. "In the present case, the victim was taken for medical examination on March 17 this year and the police came to know that she was pregnant. If they had told the girl or her family about it at that time, she could have been attended to medically immediately," Justice Patil said.
"There should be timely action. In this case, a month was lost. Police should be sensitised. When such cases are filed, the police should inform the victim, her parents or family about the options they have regarding termination of pregnancy," the bench said. "If there are no guidelines or circular, we will direct the state government to issue them immediately".
According to the prosecution, the girl was kidnapped from her house in Ulhasnagar near Mumbai on July 29 last by a 23-year-old man. The victim and accused were traced in Uttar Pradesh in March this year. The police arrested the man and brought the girl back to Mumbai on March 17.
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