MUMBAI: Bombay HC allowed medical termination of over 29-week pregnancy of a 14-year-old rape survivor despite JJ Hospital medical board giving an opinion against it. "Desire and safety of the survivor is of utmost importance than any other consideration," said Justices Sarang Kotwal and Neela Gokhale in Thursday's order.
The minor's mother moved HC for permission as the pregnancy had crossed the permissible 24-week limit. The parents are dailywage labourers. On Sept 30, the daughter complained of stomach pain. She revealed she was sexually assaulted in July by a known person. It was repeated subsequently. On Oct 1, an FIR was lodged under BNS and Pocso Act . She was over 27 weeks pregnant.
The Oct 9 report of the seven-doctor board found her "29.1 weeks of gestational age with no congenital anomalies in the fetus". It stated that if she undergoes termination of pregnancy now, it will have the same risk and complications for her as if the pregnancy is continued to term. Also, she is physically and mentally fit to continue the pregnancy.
The mother's advocate, Ashley Cusher, said completion of pregnancy is still at least 8-9 weeks away. Considering the survivor's tender age, there is always a serious and grave risk to her life. State's advocate, M P Thakur, expressed concern for the child who may be born alive. The judges also considered that aspect. They spoke to the mother and daughter, who "categorically and emphatically stated that they wished to terminate the pregnancy."
They referred to a "particularly relevant" provision of Medical Termination of Pregnancy Act that, while determining whether continuance of pregnancy would involve risk of injury to the health of a pregnant woman, account may be taken of her actual or reasonably foreseeable environment. They noted that the survivor is of a tender age. She discovered her condition at a late stage. She is poor and is not in a position to raise the child. "Her actual environment also supports her desire for termination of pregnancy," they added.
The judges said what weighed on their minds was " safety of the survivor as the most important deciding factor". The judges directed the state to take steps to care for the child if born alive and, if necessary, give it in adoption.
The minor's mother moved HC for permission as the pregnancy had crossed the permissible 24-week limit. The parents are dailywage labourers. On Sept 30, the daughter complained of stomach pain. She revealed she was sexually assaulted in July by a known person. It was repeated subsequently. On Oct 1, an FIR was lodged under BNS and Pocso Act . She was over 27 weeks pregnant.
The Oct 9 report of the seven-doctor board found her "29.1 weeks of gestational age with no congenital anomalies in the fetus". It stated that if she undergoes termination of pregnancy now, it will have the same risk and complications for her as if the pregnancy is continued to term. Also, she is physically and mentally fit to continue the pregnancy.
The mother's advocate, Ashley Cusher, said completion of pregnancy is still at least 8-9 weeks away. Considering the survivor's tender age, there is always a serious and grave risk to her life. State's advocate, M P Thakur, expressed concern for the child who may be born alive. The judges also considered that aspect. They spoke to the mother and daughter, who "categorically and emphatically stated that they wished to terminate the pregnancy."
They referred to a "particularly relevant" provision of Medical Termination of Pregnancy Act that, while determining whether continuance of pregnancy would involve risk of injury to the health of a pregnant woman, account may be taken of her actual or reasonably foreseeable environment. They noted that the survivor is of a tender age. She discovered her condition at a late stage. She is poor and is not in a position to raise the child. "Her actual environment also supports her desire for termination of pregnancy," they added.
The judges said what weighed on their minds was " safety of the survivor as the most important deciding factor". The judges directed the state to take steps to care for the child if born alive and, if necessary, give it in adoption.
You may also like
Rajkummar Rao and Tripti Dimri's film is such that the makers are apologizing
BBC Doctor Who's future up in the air amid doubt over Ncuti Gatwa's return after strange edit
Inside Britain's £400m 'newest town' - featuring mega 20,000 homes, new schools and big parks
Will Ranbir Kapoor and Shraddha Kapoor be a part of Dhoom 4?
Lorry smashes into two cars at junction but nobody's sure who to blame
James Bond could have been played by Lord Lucan, claims 007 expert
EastEnders fans 'solve' what's wrong with Lauren Branning after worrying scene
UAE-led resolution on Yemen adopted by Human Rights Council
Households urged to use three household items on pumpkins before it's too late
Princess Kate issues statement over 'devastating' loss to 'anyone affected'
Ofgem to cut daily charge from bills after Martin Lewis fury
'Acid Bath Is Back': Fans Go Crazy As Band Announces Reunion For Sick New World Festival In Vegas
England's reasons for making Thomas Tuchel new manager ahead of Pep Guardiola
Trump bails on another major mainstream media interview after ditching 60 Minutes
Sony Liv's brilliant film will win hearts
Chelsea suffer new injury blow before Liverpool amid triple Enzo Maresca problem
Satcom Spectrum To Be Allocated Administratively But Not Free: Telecom Minister
Communal tensions erupt in North Tripura: Shiva temple, mosque vandalized; Internet suspended
Mumbai: 11-Year-Old Suffers Severe Brain Injury In Hit-And-Run On Jogeshwari-Vikhroli Link Road; Father Files FIR
Emmerdale fans left sobbing over 'heartbreaking' scenes as two characters leave village