Allahabad High Court Allows Minor Rape Survivor To Terminate Pregnancy

Considering the trauma that the minor rape survivor may face if she has to give birth to a child, the Allahabad High Court Friday permitted her to medically terminate her pregnancy, even if it crossed 20 weeks, the permissible limit given in Medical Termination of Pregnancy Act, 1971.



The Lucknow bench of the court asked her to get herself admitted to KGMU on that day itself.

Meanwhile, the court also asked a panel of doctors to preserve the residue of the embryo so that it may be available for scientific investigation, if so needed.

A bench of justice DK Upadhyay and justice Alok Mathur passed the order on the writ petition moved by the father of the minor rape survivor.

It was pleaded in the petition that the petitioner girl was raped and then became pregnant by 21 weeks.

A complaint has been lodged in the matter against the accused who is of the age of the survivor’s father.

The petitioner pleaded that under the MTP Act, since pregnancy of 21 weeks cannot be terminated and as such, it is only the high court which could pass the appropriate direction to permit the survivor to get rid of the unwanted unborn child.

Taking up the matter, the court on July 17 had directed the KGMU to constitute a panel of four doctors to explore the situation as to whether the termination can be allowed in the present case looking to the physical and mental condition of the survivor during pregnancy and after she has to give birth to the child.

KGMU counsel Abhinav N Trivedi presented the report in the court on Thursday.

At this, the court requested senior counsel J N Mathur and Bulbul Godial to assist it as amicus-curie (friend to the court).

The two counsel argued at length on Friday and suggested to the bench that in the present matter, it would be just if the termination was allowed.

The court also directed for preservation of tissues of the embryo after its termination so that it can be available during investigation if so required.

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