Allahabad HC denies permission to 13-year-old rape survivor to terminate 32-week pregnancy

Prayagraj: Observing that carrying the pregnancy to full term is safer than terminating at this stage, the Allahabad High Court has refused to grant permission to a 13-year-old minor girl to undergo medical termination of a 32-week pregnancy in a sexual assault case. 

While hearing the petition, a division bench, comprising Justice Shekhar B. Saraf and Justice Manjeev Shukla stated that a 13-year-old child may not be able to make the right choice between medical termination of pregnancy and continuing the pregnancy full term. 

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In this case, the petitioner, a minor, a resident of Hapur was allegedly sexually assaulted by a close relative. She discovered that she was 28 weeks pregnant following a medical examination conducted after an FIR was lodged against the accused. Upon discovering the pregnancy, the petitioner approached the Allahabad High Court at approximately 32 weeks, seeking permission to terminate the pregnancy. The court, recognizing the complexity of the situation, directed the formation of a medical board to assess the risks associated with both continuing the pregnancy and its termination.

The medical board, in its report, concluded that terminating the pregnancy at this stage would be more dangerous to the girl's life than allowing it to continue to full term. The board highlighted that the petitioner’s young age, her low hemoglobin levels (8 gm%), and the advanced stage of the pregnancy presented significant risks, as per the Law Trend report.

Taking into account the opinion expressed by the Medical Board, the court determined that carrying the pregnancy to term posed a lower risk to the girl's health than termination at this advanced stage. Therefore, it directed that the state will bear all the expenses related to the birth of the child so that there is no hindrance during this period. Further, the court stated that the delivery of the child will take place at Lala Lajpat Rai Memorial Medical College, Meerut.

Additionally, given the financial condition of the family, the court noted the petitioner’s intention to place the child for adoption and instructed the Director of the Central Adoption Resource Authority (CARA) to take appropriate legal steps to ensure the child’s adoption.

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