A woman has moved the Madurai Bench of the Madras High Court on Friday seeking a direction to terminate the pregnancy of her 11-year-old daughter, where the gestation period has already crossed 20 weeks.
The woman from Dindigul in her petition said that her daughter was not in a position to give birth given her tender age.
She added that this could affect her daughter both physically and mentally.
She also sought a suitable compensation for her daughter.
However, the doctors who have been treating the girl have recommended against termination of the pregnancy given that the gestation period was 23 weeks now.
It is alleged that the woman’s nephew has sexually assaulted the minor girl and has now been booked by the police under the POCSO Act for the offence.
Justice A. D. Jagadish Chandira who heard the plea observed that the court was concerned with the well being of the minor girl.
Given the sensitivity of the matter, the case has been referred to a division bench.
The Medical Termination of Pregnancy Act, 1971 prohibits the abortion of foetus beyond the period of 20 weeks.
However, in certain cases termination of pregnancy beyond the gestation period of 20 weeks have been allowed under certain conditions.