The Bombay High Court allowed a 14-year-old rape victim to terminate her 24-week pregnancy, on Thursday.
On December 1, the victim’s parents, who are waste pickers, registered an FIR under the Indian Penal Code and Protection of Children from Sexual Offences Act at the Mankhurd police station.
The accused, who was known to the girl, was arrested and the girl was referred to Rajawadi Hospital for an examination. It was found that her pregnancy has crossed the ceiling of 20 weeks under the Medical Termination of Pregnancy Act and that she was 22 weeks pregnant and so she was to be taken to JJ Hospital. At JJ Hospital the family was told they would need a court order for termination.
A plea was filed on behalf of the mother, the natural legal guardian, seeking permission from the court to terminate the pregnancy through advocate Meenaz Kakalia. She mentioned the matter before a Division Bench headed by Justice S.C. Dharmadhikari on December 22 but it was not heard. She then moved the Vacation Bench of Justice Bharati Dangre on December 24 who directed a panel of doctors at JJ hospital to examine the girl and produce a report on whether she is fit to undergo termination on December 28.
The matter then came up before Justice C.V. Bhadang on January 1, 2019 but the court wanted to post it for January 8. However, the counsel requested for an earlier date and the matter was heard on Thursday by a Division Bench of Justices B.P. Dharmadhikari and Revati Mohite-dere.
The court noted, “the pregnancy itself is presumed to constitute grave injury to mental health.”