HC allows abortion for 16-yr-old rape survivor with 26-week pregnancy

Bhopal: The Madhya Pradesh high court has allowed the medical termination of pregnancy (MTP) of a 16-year-old rape survivor carrying a 26-week pregnancy. The matter reached the high court after the sessions judge in Beohari, Shahdol district, referred an application filed by the girl’s father seeking permission for termination of the pregnancy.

Justice Dev Narayan Mishra permitted the termination after considering the report of a seven-member medical board, which stated that the pregnancy could be medically terminated. The report was prepared following detailed medical examination and diagnosis of the survivor.

The court noted that the survivor and her family had been informed about the possible medical risks involved in the procedure, including complications, unconsciousness and threat to life, after which they gave their consent for the termination.

The court directed the survivor and her parents to report to the district hospital in Shahdol on the date fixed by the medical board so that the procedure could be carried out without delay. A specialised team of doctors will supervise the termination and provide all necessary medical facilities and post-operative care.

The court also ordered that if the child is born alive, the state government will ensure its care. Doctors have been directed to preserve DNA samples from the fetus or child and hand them over to the investigating officer for use in the criminal case against the accused.

The court said that in case the victim and her parents are not ready to keep the child if born alive, they may hand over the child to the Child Welfare Committee (CWC) after 15 days. During this period, the child will remain with the mother for breastfeeding. The CWC may later initiate adoption proceedings in accordance with the Juvenile Justice Act.

With these directions, the high court disposed of the petition.