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On Tuesday, Bombay Court allowed a minor girl to terminate her 24 weeks pregnancy after taking into account the immense pain and suffering that she would suffer if the pregnancy was continued. The minor was a 13 year old girl who was raped by her father while she was staying in her aunt’s home situated in Thane district. On May 14th, the girl confronted her mother and aunt who later filed an FIR against the accused. When the petitioner took the girl for a medical check-up in J.J Hospital, it was found that she had been pregnant for almost 24 weeks. According to the Medical Termination of Pregnancy Act, termination of pregnancy after 20 weeks requires prior permission of the High Court.
The decision was given by the division bench comprising Justice Nitin Jamdar & Justice N.R. Borkar. On 22nd May, the division bench asked the girl to be present before the Medical Board at Sir J.J. Group of Hospitals, Mumbai on 23rd May 2020 for medical examination. The board was also directed to examine the girl and present the report on whether the termination of pregnancy is advisable or not. The Medical Board said “After taking detailed history, careful examination, ultrasonography and psychiatric evaluation, the committee has come to the opinion that at present no lethal abnormality is detected in the fetus and the pregnant minor mother.
Pregnant minor does not want to continue pregnancy and she is anguished with the pregnancy. She is minor 13 years old and pregnancy is caused by rape. Continuation of pregnancy in minor may lead to pregnancy related complications like anaemia, pregnancy induced hypertension as well as and complications during labor. It is also going to have will also have psychological impact on pregnant minor with uncertain future.
Pregnant minor and her mother have expressed desire to terminate the pregnancy and are made aware of know the dangers of continuation of pregnancy, as well as and termination of pregnancy”.
After taking the report into consideration, the court held that the continuation of pregnancy will lead to physical and mental stress for the minor mother, so it is necessary to permit the medical termination of pregnancy. As the FIR has been filed against the accused, the bench also ordered to preserve the tissues, blood sample of the fetus for the requisite medical test.
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