Karnataka HC allows terminating minor rape victim’s pregnancy

BENGALURU: The Karnataka High Court has given permission for medical termination of 25-week pregnancy of a 13-year-old girl, a victim of rape. Justice M Nagaprasanna passed the order after the victim’s counsel informed the court that the girl is a minor and as per her school certificate and a scan report issued by a radiologist, she is 25 weeks pregnant.

Citing interim directions issued by the HC in a similar case, the government advocate submitted that the procedure will have to be carried out as per the Medical Termination of Pregnancy Rules, 1971.

Recording it, the court directed the Medical Superintendent of Vani Vilas Hospital to carry out the procedure and the state will have to bear the cost. It also said that the victim, who is the petitioner, should not be liable to make payment for the procedure.

Foetus is to be preserved for DNA testing

The court also made it clear that the termination of pregnancy is subject to further examination by the doctor who will carry out the procedure. If the doctor opines that the termination may cause harm or injury to the victim’s life, he has to take a final call on performing the procedure, the court added.

The court said the foetus should be preserved by the hospital for DNA testing if the doctor says so. The hospital should send the tissue sample of the foetus for DNA testing to the Central Forensic Testing Laboratory in Bengaluru or Hyderabad, the court ordered.

Further, the court directed the local police inspector to make necessary transport arrangements for shifting the petitioner and her immediate family members or attendants to the hospital for treatment from their residence and drop them back after the treatment.

If the doctor suggests any follow-up treatment, the local police inspector should make the arrangements as and when required and the state will have to bear the cost, the court said.