Mother seeks to end minor’s pregnancy

NAGPUR: The Nagpur bench of Bombay high court has directed the Government Medical College and Hospital (GMCH) to constitute a medical board after the mother of a 16-year-old sexual assault survivor moved the bench to get permission for terminating pregnancy of her minor daughter.
The medical board would comprise experts, including from departments of gynaecology and obstetrics, paediatrics, radiology/sonology, cardiology, pulmonology, neurology, genetics, pathology and administration, the court told and directed all respondents to submit test reports by Monday.

A division bench comprising justices Bhushan Dharmadhikari and Murlidhar Giratkar also issued notices to principal secretaries of Union ministry of health and family welfare, state department of public health, Bori police station officer and GMCH through its dean and the head of obstetrics and gynaecology department. All were asked to reply by Monday. Mugdha Chandurkar appeared for the Union government, while Ketki Joshi appeared for other respondents.

The mother demanded that her daughter be allowed to undergo medical termination of pregnancy (MTP), which was a result of repeated sexual offences committed on her. She accused Akash Datarkar of abducting her daughter on August 18 and taking her to Thane and Nashik. A police compliant was also lodged by the minor’s brother at the Bori police station and an FIR was registered against the accused under Section 363 and 372 (2)(n) of IPC, and 6 of Pocso Act.

After her rescue from the accused’s clutches, she was taken to medical examination which showed that she was pregnant with gestation period of 20 weeks and 3 days. Further probe revealed that she was subjected to sexual assault by the accused for six months from February.

When referred, the GMCH doctors informed that continuation of the pregnancy could endanger the physical as well as mental health of the minor. Even the girl consented to discontinue the pregnancy as it was imposed on her. The petitioner’s counsel, Chinmay Dharmadhikari, contended that even though termination of pregnancy, over 20 weeks, is prohibited by law, it’s permissible in exceptional circumstances, if it endangers the life of a woman.

Last month, the court allowed a rape survivor, also a murder convict, to terminate her 12-week-old pregnancy. While disposing of the plea, HC told respondents to complete all formalities, including her abortion, within a week and shift her back to jail.