HC allows 16-year-old rape survivor to abort

NAGPUR: Nagpur bench of Bombay High Court on Monday allowed the prayer by mother of a 16-year-old rape survivor for termination of her daughter’s pregnancy.

Justices Bhushan Dharmadhikari and Murlidhar Giratkar asked the respondents to complete the process in two days. She was directed to be referred to the Government Medical College and Hospital (GMCH) where the process would be carried out in presence of her family.

Her 40-year- old mother had moved the HC through counsel Chinmay Dharmadhikari for permission to terminate pregnancy of her minor daughter. In the last hearing on Tuesday HC had directed constitution of a board of medical experts to examine the girl and decide on terminating her 20 weeks pregnancy.

Accordingly, additional government pleader Ketki Joshi submitted an affidavit by professor and head of Department of Obstetrics and Gynaecology Dr J I Fidvi, containing a report of his panel comprising seven medical experts. The committee found continuation of pregnancy will affect mental health of the survivor.

“Explanation to Section 3 of Medical Termination of Pregnancy Act, 1971, therefore concludes the issue. As the pregnancy termination doesn’t involve any risk to her life, we allowed the plea. Petitioner and her daughter should report to GMCH within next two days and undergo necessary surgery,” the judges said.

Fidvi’s affidavit stated the panel had conducted its meeting on Saturday where the girl appeared for clinical examination. The report suggested her pregnancy was 20-22 weeks old. It also came to fore that she had taken abortion pills at two months and the USG examination showed fetal weight to be 479 grams, which is within the permissible limit to undergo abortion. After detailed deliberations, the panel came to conclusion that continuing pregnancy could be physically and mentally dangerous for the minor and hence should be terminated.

In her plea, the mother had sought permission for termination of pregnancy of her daughter which was result of repeated sexual offence committed on her. She accused Akash Datarkar of abducting her on August 18 and taking her to Thane and Nashik. A police complaint for the same had been 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.

A medical examination after her rescue showed she was pregnant with gestation period of 20 weeks and 3 days. Further probe revealed she was subjected to sexual assault by the accused for six months from February.