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The bench of Justice G.R. Swaminathan permitted a 15-year-old girl from Virudhanagar, Tamil Nadu to terminate her pregnancy. The petition was filed by the girl's aunt who looked after her as her father passed away in 2012 and her mother was not mentally stable. It should be noted that according to Section 3 of the MTP (Medical Termination of Pregnancy) Act of 1971, pregnancy of a minor cannot be terminated without the written consent of her guardian.
Background
A man had allegedly kidnapped the minor girl and had established physical relations with her multiple times as a result of which she ended up conceiving. Her aunt then approached the court to direct the concerned authorities to terminate the girl's pregnancy. Deeming the matter as urgent, the court ordered the assistant surgeon of Virudhunagar Government Medical College and Hospital (the respondent) to examine the girl and determine the gestational period. The respondent concluded that the girl had conceived around 10-11 weeks ago and continuing the pregnancy could prove fatal to her physical and mental health and hence requested the court to allow the minor girl to terminate the pregnancy.
The court relied on quotes from works of Tamil sage and poet Thiruvalluvar and Shri Adi Shankaracharya to give its judgement. The court also opined that it must think empathetically and put itself in the unborn child's shoes to determine if allowing it to be born would be a rational decision.
The court noted that the girl is a minor and the father of the child has a criminal past, some of which were grave offences. If a choice was given to the foetus it would prefer to not be born. Therefore, the court ordered the respondents to carry out the medical termination of pregnancy. The court also assured that the paternal uncle of the minor girl would be paid a sum of Rs. 5,000 every month for 36 months for her sustenance.
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