Bombay High Court Mumbai: In a setback to a 16-year-old rape victim, the Bombay High Court on Friday refused to grant her permission to terminate her 26-weeks foetus. The court cited the report of the eight-member medical board that had examined the girl.
A division bench of Justice Ranjit More and Justice Prakash Naik heard a petition filed by the girl’s father, who had sought the court’s nod to get his daughter’s pregnancy aborted. Urging the judges to grant relief, the father had argued that his daughter’s fundamental right of ‘right to live with dignity’ was being infringed as she being a minor was forced to continue with the pregnancy.
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The father contended that his daughter does not enjoy good health and that she is suffering from anaemia. He also claimed that his daughter being a minor, was not capable of carrying the child and becoming a mother at her tender age. Pursuant to the orders of the bench, an eight-member panel of doctors from the KEM hospital had conduct-ed various tests on the girl and had also counselled her. However, they suggest-ed that the girl continue with the pregnancy citing various medical complications in future.
The report states, “The girl is worried and emotionally disturbed about her condition but is well supported by her parents. The baby has 80 per cent chances of survival and if it is aborted, it can lead to several medical complications. We are of the opinion that the girl must continue the pregnancy with medical and psychological support. If the girl and her family desire, the baby may be given up for adoption, through proper channel.”
The minor girl was raped by a boy, who used to work in her father’s paan beedi shop. According to the complaint registered with the police station, the boy had promised to marry the girl. However, the fact that the girl was pregnant came to light only in August, when the girl was taken to the doctor.
