The Medical Termination of Pregnancy Act bars abortion after 20 weeks even in cases of rape which is why such survivors have to wait for a court order to terminate pregnancies.
MUMBAI: A Bombay high court vacation bench on Monday allowed a 12-year-old girl to terminate an approximately 23-week pregnancy that was reportedly caused by her rape. After noticing that a medical expert panel of JJ hospital, sent by the court to evaluate her, had similarly recommended medical termination of pregnancy, the vacation bench of Justice S J Kathawalla and Abhay Ahuja weighed in the emotional pain that continuing the pregnancy would inflict the kid (MTP).
The MTP was ordered by the HC to take place on December 28 at the state-run JJ Facility, with the hospital preserving the fetus’ DNA for use in the criminal trial. Her cousin, who is 22 years old, is accused of committing the crime.
The 12-year old’s father had to petition the Supreme Court, claiming that she had been the victim of rape and other crimes punishable under the Indian Penal Code and the Protection of Children from Sexual Offenses Act, 2012. He estimated her pregnancy to be around 22.5 weeks long.
On December 23, the HC bench of Justice Prasanna B Varale and S M Modak, which first heard the father’s request for an MTP to save the 12 year-old’ s life, ordered the medical board to examine her and submit a report in a sealed cover to the vacation court on December 27. The HC also instructed the hospital to make arrangements for her admission.
Dr. Ashok R Anand, professor and head of obstetrics and gynecology; Dr. Vanshree Patil, professor and head of psychiatric department; Dr. Bela Verma, professor and head of the pediatrics department; and Dr. Shilpa Domkundwar, a professor from the radiology department, presented their findings to the HC on Monday.
“After comprehensive clinical assessment, psychological evaluation, and ultrasound investigation, the committee has come to the judgment that only a minor defect is discovered in the unborn at this time,” the report stated. The minor (12 years old) is, on the other hand, distressed by the pregnancy. Pregnancy-related problems such as anemia, pregnancy-related hypertension, and greater surgical intervention during labor may occur if the pregnancy is continued in the minor. It will also have a psychological impact on the pregnant minor whose future is uncertain.”
It goes on to say that the minor and her parents have expressed a wish to end the pregnancy and have been informed about the risks of continuing the pregnancy as well as abortion. Though termination of pregnancy at 22 weeks of gestation poses a risk to the pregnant minor, continuing the pregnancy would put her under physical and mental strain. “As a result, it’s best to terminate the pregnancy at whichever facility the minor and her parents prefer,” says the expert.
