Division bench of Justice Nitin Jamdar and Justice NR Borkar allowed a writ petition filed by the mother of a 13-year-old girl raped seeking permission for medical termination of pregnancy of her 24 week old foetus. The minor girl was allegedly raped by her father.
Bombay HC had directed the minor rape survivor to remain present before the Medical Board at Sir JJ Group of Hospitals, Mumbai on May 23. Board was directed to examine the minor and submit the report before the court as to whether it was advisable to permit the medical termination of pregnancy.
The petitioner mother of girl raped had contended that the minor, while she was residing with her aunt at Thane, was sexually abused by her father which has led to the pregnancy. An FIR was lodged at Thane Police Station on May 17 and two days later on May 19, the minor had her sonography done when girl raped was found to be twenty-two weeks pregnant. The petitioner then took her daughter to JJ Hospital where she was informed that as the fetus is over 20 weeks old, medical termination of pregnancy was not permissible under the Medical Termination of Pregnancy Act, 1971. Hence, the present petition was filed.
The medical board opined that continuation of pregnancy would cause severe mental and physical stress to the minor mother. Thus, Court said-
“Having considered the opinion of the Medical Board that the continuation of the pregnancy will be a physical and mental stress for the minor mother, the stand of the Petitioner and the minor, and the circumstances leading to the pregnancy, it would be necessary to permit the medical termination of pregnancy.”