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The High Court of Bombay has allowed a 12-year-old rape survivor to terminate her 23-week old pregnancy. The petition was filed by the minor parents in the High Court.
On June 5, the mother of the rape victim approached the local police station in Sangli and registered an FIR for an offense under the Indian Penal Code and sexual assault under the Protection of Children from Sexual Offences Act (Pocso). On June 16, she approached the government hospital where she was told that the pregnancy could not be terminated without the permission of the High Court as it had crossed 20 weeks limit set out by the Medical Termination of Pregnant Act, 1971.
On June 26, the High Court had directed the medical board from the Government Medical College at Miraj, Maharashtra to examine the 12-year-old, according to which the board advised that the if the pregnancy was allowed to progress, it will have serious repercussions on the general and mental health of the survivor and therefore she should be allowed to terminate the pregnancy. The court has directed the hospital to preserve blood and tissue samples of the fetus which may be required as forensic evidence in the criminal case.
The HC clarified that if the newborn is alive and the petitioner woman and her daughter are not willing to or not in a position to take responsibility for such a child, the State, and its agencies will have to assume full responsibility for it.
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