The Bombay High Court on Tuesday has allowed a teenager for Medical termination of her pregnancy. The girl was sexually abused by her father which led to her being pregnant.
The Petitioner contended that the minor, while she was residing with her aunt at Thane, was sexually abused by her father which has led to her being pregnant.The Petitioner took her to J.J. Hospital, Mumbai where she was informed that as the fetus is over 20 weeks old, medical termination of pregnancy was not permissible under the Medical Termination of Pregnancy Act, 1971.
Earlier the Division Bench of the High Court by order on 22nd May 2020 directed the minor to remain present before the Medical Board at Sir J.J. Group of Hospitals, Mumbai on 23rd May 2020. Board was directed to examine the minor and submit the report before the court as to whether it was advisable to permit the medical termination of pregnancy. The report was submitted, and the Petition was placed on board on Tuesday.
The opinion of the Medical Board was:
“After taking detailed history, careful examination, ultrasonography and psychiatric evaluation, the committee has come to the opinion that at present no lethal abnormality is detected in the fetus and the pregnant minor mother.
Pregnant minor does not want to continue pregnancy and she is anguished with the pregnancy. She is minor 13 years old and pregnancy is caused by rape. Continuation of pregnancy in minor may lead to pregnancy related complications like anaemia, pregnancy induced hypertension as well as and complications during labour. It is also going to have will also have psychological impact on pregnant minor with uncertain future.
Pregnant minor and her mother have expressed desire to terminate the pregnancy and are made aware of know the dangers of continuation of pregnancy, as well as and termination of pregnancy”.
Acting upon the plea, the division bench comprising of Justice Nitin Jamdar & Justice N.R. Borkar said that having considered the opinion of the Medical Board that the continuation of the pregnancy will be a physical and mental stress for the minor mother, the stand the Petitioner and the minor, and the circumstances leading to the pregnancy, it would be necessary to permit the medical termination of pregnancy. A FIR has been filed, and thus the tissues, blood sample of the fetus need to be preserved for the requisite medical test, including DNA Fingerprinting/mapping.
The High Court held that: –
“The Petitioner is accordingly permitted to go ahead with the medical termination of the pregnancy of her minor daughter as per the Medical Board’s opinion dated 25th May 2020. The Petitioner will present her daughter at Sir J.J. Group of Hospitals, Mumbai on 29th May 2020 at 11.00 a.m. for the requisite procedure. The Sir J.J. Group of Hospitals, Mumbai shall thereupon carry out the procedure of medical termination of pregnancy of the minor.
The hospital shall preserve the blood sample and tissue sample of the fetus to carry out necessary medical tests, including DNA and other tests, as ordered. The investigating officer shall ensure that the samples are forwarded to the Forensic Science Laboratory and preserved for trial.
In case the child born out of this procedure is alive, the Medical Practitioner conducting the procedure shall ensure that all necessary facilities are provided to such child for saving its life. If the child born is alive and Petitioner and her daughter are not willing to or not in a position to take responsibility of such child, the State and its agencies will have to assume full responsibility for such child”.
Therefore, the Bombay High Court disposed of the petition by permitting petitioner’s 13 years old pregnant daughter for Medical termination of her pregnancy.
-India Legal Bureau