The Lucknow Bench of the Allahabad High Court on Tuesday has allowed the termination of pregnancy of a 14-year-old girl noting that she was a victim of rape carrying an unwanted pregnancy.
The Division Bench of Justice Ramesh Sinha and Justice Saroj Yadav passed this order while hearing a petition filed by the minor girl through her mother. The petitioner’s counsel submitted that the petitioner was subjected to physical violation and sexual abuse, as a result she is carrying an unwanted pregnancy.
The petitioner said she is 14 years old and giving birth to a child that too at such a tender age will make her future life more miserable and it would be improper to make the petitioner/victim suffer from the stigma attached with such pregnancy and birth.
The petitioner/victim was subjected to a despicable act against her will. If the pregnancy is allowed to continue and the child is born, it would be a continuous reminder of the said horrible incident in the life of the minor petitioner, who has her entire life before her. So the Court may direct the Chief Medical Officer to medically terminate the pregnancy of the petitioner/victim, the plea prayed.
It is further submitted that the petitioner/victim moved an application along with Form C dated August 17, 2021 addressed to respondent no. 2- Chief Medical Officer, Kheri seeking medical termination of pregnancy under Section 3 of the Medical Termination of Pregnancy Act, 1971, amended Act No. 8 of 2021 for which the petitioner has also given her consent as provided under Rule 9. The Additional Government Advocate did not oppose the submissions made by the Counsel for the Petitioner.
On the previous date i.e. September 06, 2021, the Court directed the Chief Medical Officer, Kheri to get the petitioner medically examined to ascertain the pregnancy which the petitioner is carrying and submit the report to the Court in a sealed cover.
The Court noted, “According to the report, the petitioner/victim is carrying a pregnancy of 20 weeks and 3 days live foetus. The medical examination of the victim was done on September 8, 2021. The report submitted by the Chief Medical Officer, Kheri depicts that victim is carrying a pregnancy of 20 Weeks and 3 Days. That is within the period limited by Section 3 of the Act of 1971, the risk factor of life to the victim.
The Court further directed that the Chief Medical Officer, Kheri to constitute a Medical Board as prescribed in Section 3 of the Act of 1971, and get examined the feasibility of termination of pregnancy of the victim/petitioner within 24 hours of receipt of certified copy of the order and get ascertained the feasibility.
The Court held that,
Considering the facts and circumstances of the case, specially the fact that the victim was subjected to rape and she is carrying an unwanted pregnancy, which is constant cause of trauma and mental torture for her being a girl of tender age.
The Court draws a presumption that the continuance of this unwanted pregnancy shall ‘constitute a grave injury to the mental health’ of the petitioner/victim, as provided by the legislature in Explanation 2 of Section 3 of the Act of 1971.
The Court allows the termination of pregnancy of the victim/petitioner subject to condition that Medical Board finds no risk to the life/health of the victim/petitioner.
Relying on the averments made in the petition, the father of the victim had died and her mother is not financially sound, as such, the Court also directed that all the medical facilities required for getting the pregnancy of the victim/petitioner terminated and for any other treatment thereafter shall be provided at the expenses of the State Government. No money will be charged from the victim /petitioner or her family members. The doctors performing tests/medical procedure for the purpose, will act with utmost sensitivity. As this relates to a crime, so it appears just and necessary that the necessary tissue from the foetus be preserved.
Accordingly, the Court directed the Chief Medical Officer concerned to take necessary tissues from the foetus and preserve the same. The tissues so preserved shall be kept in a safe custody and be handed over to the Investigating Officer as and when he makes any such request, the Court ordered.
“As far as the prayer made in the petition regarding compensation is concerned, it is declined with liberty to the petitioner/victim to move an appropriate application before the District Legal Services Authority/Competent Authority. If any such application is made, the Authority concerned shall consider the same and take appropriate steps as per the Scheme/Rules,” the Court said while disposing of the Petition.
“Office is directed to send a copy of the order to the Chief Medical Officer, Kheri, forthwith for necessary compliance of the order passed. Arunendra AGA is also directed to take necessary follow up action in the matter”, the order reads.