HC permits rape survivor to terminate pregnancy

The High Court of Karnataka has permitted a 16-year-old rape survivor to terminate her pregnancy.

However, the court directed the superintendent of a government hospital in Bengaluru, where she has to undergo the process for termination, to preserve the terminated foetus as it may be necessary for the purpose of DNA testing in the rape case registered against the accused person.

Justice Raghvendra S. Chauhan passed the order on Wednesday while allowing the petition filed by the girl, who is in her 22nd week of pregnancy.

The court also directed that the State government bear all the medical expenses necessary for the operation, medicines, food, etc., of the patient while directing the hospital superintendent to discharge her only after the doctors are of the opinion that she has recovered well enough to go back home. Though the medical board opined that “there is no medical contraindications for her to undergo termination of pregnancy, after correction of anaemia”, the court granted permission for termination of pregnancy while observing that “considering the fact that the child has been conceived in a rape case, and the petitioner does not wish to continue with her pregnancy as it will create individual and social problems for her and for her family”.

The court also took note of a verdict of the apex court, which in September 2017 permitted a rape victim from Karnataka to terminate pregnancy in the 26th week.

Meanwhile, the court directed the investigation agency to collect the samples of foetus for DNA testing by the Central Laboratory, located in Hyderabad, while directing the laboratory to convey its test report to the investigating officer within two months from the date of receipt of the DNA samples.