Abortion of 12 year old rape victim refused

Punjab and Haryana High Court: In the present case where a 12 year old daughter of the petitioner became pregnant after rape was committed upon her, the Court taking into account the observations of the Medical Board, refused to allow the minor to go for abortion, as there was imminent danger to her life if the abortion takes place. Disposing off the petition, the Court directed the Chief Medical Officer, Karnal to provide all the necessary medical help to the victim.   

The pregnancy of the minor rape victim had reached the period of 28-30 weeks and the permissible period as per Medical Termination of Pregnancy Act, 1971 within which abortion can be carried out is 20 weeks. The counsel for the petitioner Pradeep Sharma pleaded before the Court that, with each passing the day the threat to the life of the minor is increasing. The Court in its Order dated 20.03.2015, directed the District Medical Officer/Civil Surgeon, Karnal, to constitute a Committee to assess the threat to the life of the minor in case the pregnancy is continued, and if it is found that there is a threat to the health and life of the minor victim, powers under Section 5 of the Medical Termination of Pregnancy Act, 1971, is to be exercised immediately.

In pursuance of the above-mentioned Order, the Medical Broad comprising of eminent doctors ruled out that there is imminent danger to the life of the minor victim. They also raised concerns over the high risks involved in a teenage pregnancy and observed that details of regular close supervision and institutional delivery must be meticulously explained to the mother (petitioner). Kavita v. State of Haryana2015 SCC OnLine P&H 629, decided on 31.03.2015


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