The Madhya Pradesh High Court has allowed a 17-year-old rape victim to terminate the pregnancy.
It is the case of the petitioner that she is a minor aged around 17 years, the court order said.
She was sexually assaulted and raped by accused, against which, an FIR has been registered and criminal prosecution has been taken up, the court order said.
When the factum of developing pregnancy came to the knowledge of the family members, she got scared.
When her mother noticed the physical changes in her and it was disclosed that she had developed the pregnancy due to the sexual assault.
She made an application to the Gandhi Medical College and Hamidia Hospital, Royal Market, Sultania Road, Bhopal seeking termination of her pregnancy, the court order said.
Her application was not accepted by the authorities owing to the fact that on medical examination of the petitioner it was found that she has developed more than 24 weeks’ pregnancy.
The report on record indicates that she is carrying a pregnancy of between 26 to 28 weeks.
Hence, she approached this Court by filing the instant writ petition.
The writ court considering the said aspect of the matter and placing reliance upon the report submitted by the Medical Board and the fact that the period of Gestation (POG) is 28 weeks and 3 days as on 01.05.2024 and since the Medical Board has denied the termination of pregnancy, the writ petition was dismissed. Assailing the same, this writ appeal has been filed.
It is argued by the learned counsel for the appellant that the petitioner being a rape victim, is having every right to get the termination of her pregnancy.
This Court on 07.05.2024 took note of the said aspect of the matter and directed the State counsel to call for a report from the Medical Board.
Under these circumstances considering the judgments passed by the Supreme Court in various cases, this Court feels it appropriate to permit the termination of pregnancy of the petitioner subject to the following conditions:-
(i) The procedure of termination of pregnancy will be carried out in the presence of the expert team of doctors. The expert doctors will explain to the family members as well as the petitioner the risk of getting the termination of her pregnancy and also other factors.
(ii) Every care and caution will be taken by the doctors while terminating the pregnancy. All medical attention and other medical facilities including that of a presence of a Pediatrician as well as a Radiologist and other required doctors will be made available to her.
(iii) The post operative care up to the extent required, will be extended to the petitioner. It will be the duty of the State Government to take care of the child, if born alive.
(iv) The doctors will also ensure that a sample from the fetus is protected for DNA examination and as and when required will be handed over to the prosecution for using in the criminal case itself.
With these observations, the court allowed the appeal.
