The Bombay High Court permitted the Medical Termination of Pregnancy (MTP) of a 14-year-old girl, who had been raped by her own cousin brothers.
The survivor, who is severely anaemic, was 26 weeks pregnant and had approached the court through her lawyer, Manisha Jagtap, seeking permission to terminate the pregnancy at an advanced stage.
Notably, pregnancy above 24 weeks needs a court's direction before the MTP can be undertaken. Jagtap argued that the minor being only 14 years of age, is unable and unwilling to take delivery of its full term.
Earlier, on August 23, the court had directed a medical board to be constituted at the hospital in Alibaug, in Raigad district, where the survivor was admitted.
The Board had given its report and opined that the survivor was undernourished and anaemic. The Board was of the opinion that MTP can be done after the correction of anaemia.
The psychologist who had been appointed on the Medical Board said, "Considering her overall social welfare and traumatic stress experience, it is recommended to terminate the pregnancy."
After going through the arguments and the medical board's report, the bench of Justices AS Gadkari and Neela Gokhale said that it was "Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy, if she so desires."
"In view of this opinion and the fact of the advanced stage of pregnancy, the procedure of medical termination of pregnancy shall be carried out at the earliest and only subject to the medical opinion in respect of correction of anaemia of the Petitioner," the bench specified.
While directing for the preservation of the DNA of the foetus, the bench also directed that the Alibaug Hospital shall also provide post-delivery care to the petitioner including neo-natal care for the baby, if so required.
Considering that the petitioner is a victim of sexual abuse, the hospital authorities shall also provide for counselling, post-delivery, the bench said.
