The Bombay high court
MUMBAI: Bombay high court on Friday permitted a 12-year-old alleged rape survivor to terminate her 23-week pregnancy. The HC had on June 26 sought a report from a medical board and on its recommendation, allowed her plea.
The minor through her parent had petitioned the HC. On July 3, a bench of Justices Nitin Jamdar and SP Tavade while allowing the Medical Termination of Pregnancy (MTP) to take place on July 6 in Sangli, directed that DNA sample of the foetus be preserved for forensic tests as evidence for a trial in the criminal case.
Her mother had said that she resides with four daughters and her currently unemployed husband. The minor, a school student, told her mother that she was “repeatedly raped by some persons in the neighbourhood,’’ noted the HC order. On June 5 a first information report (FIR) was registered for an offence of rape under the Indian Penal Code and sexual assault under the Protection of Children from Sexual Offences Act (Pocso).
Since at her first examination by a doctor, she had already cross the legal bar of 20 weeks’ for termination under the MTP Act, she petitioned the court.
The medical board which examined her said given her tender age, allowing the pregnancy to continue would “have serious repercussions on the general and mental health of the rape victim’’.
“In the case at hand the physical and mental trauma that will be suffered by the Minor if pregnancy is not terminated, requires no elaboration.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)