CHANDIGARH: In perhaps the first case after the recent approval of the Medical Termination of Pregnancy (Amendment) Act, 2020 providing for termination of pregnancy up to 24-weeks, the Punjab and Haryana high court has asked the PGIMS Rohtak to terminate the pregnancy of a rape survivor who was pregnant beyond 20-weeks.
“No doubt, the Medical Termination of Pregnancy Act, 1971, provides that the medical termination of pregnancy after a period of 20 weeks is not permissible. However, the Medical Termination of Pregnancy (Amendment) Act, 2020, has been passed on March 25, 2021, as per which the upper limit of medical termination of pregnancy has been extended to 24 weeks from the present stipulation of 20 weeks, for certain categories of women which includes rape victims. The petitioner in the present case falls in the purview of the new provision,” observed Justice Arun Kshetarpal of the HC while allowing termination of pregnancy of the rape survivor from Rohtak.
Justice Kshetarpal also held that the court is required to take into consideration the peculiar facts of each case. “The petitioner, in this case, claims to have become pregnant on account of rape. She is still a minor as she was born on December 15, 2003. She has her entire life ahead,” observed the judge.
Court asks medical board to draw foetus sample
The HC has also ordered the medical board to draw a sample from the foetus for DNA analysis and handover the same to the prosecution/police.
In this case, the minor girl had approached the HC seeking termination of her pregnancy through her mother for being a rape survivor. An FIR related to the incident against the accused person for rape and under POCSO Act has already been registered.
Hearing her plea, the HC on March 23, directed the medical board of PGIMS Rohtak to medically examine the petitioner and furnish a report. Themedical board reported that although the foetus has no congenital anomaly, the survivor is anemic.
Since this petition was filed through themother (natural guardian) therefore, the HC also sought the independent opinion of the minor girl. For this, the presiding judge of the family court, Rohtak, was asked to interact with the minor petitioner. The survivor, however, told the judge of the family court that she was willing to get the foetus aborted.
After considering all the reports, the opinion of the medical board, and the new law passed by the Parliament, the HC directed the medical board, PGIMS, Rohtak, to examine whether there is any risk to the life of the petitioner in carrying out the termination of pregnancy. “If the board comes to a conclusion that there is no risk to the life of the petitioner, then the medical superintendent, PGIMS, Rohtak, will make immediate arrangements for the medical termination of the pregnancy of the minor petitioner,” ordered the high court.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)