MP High Court permits termination of 14-year-old rape survivor's pregnancy, orders preservation of foetus
Madhya Pradesh HC Issues Notice to State Over Plea Challenging Bond Service Penalty
New Delhi: In a recent development, the Madhya Pradesh High Court has allowed the termination of pregnancy of a 14-year-old girl who was allegedly kidnapped and raped a few months ago in the state's Singrauli district. The court also directed the authorities to preserve the foetus for DNA tests.
According to a PTI report, in a recent order, Justice GS Ahluwalia said the "doctors, who will carry out the medical termination of pregnancy as well as the state government shall not be responsible and the medical termination of pregnancy shall be conducted only at the risk and cost of parents of the prosecutrix (girl)".
The court said the girl's parents can take her daughter to the Chief Medical Health Officer (CMHO) of the District Hospital in Singrauli for the procedure.
If the CMHO feels that the girl is required to be sent to any multispeciality hospital for better treatment, then he can refer her to the said hospital for undergoing the medical termination of pregnancy, the court said.
Referring to a report of the District Medical Board, Singrauli, the court said in its order, "Pregnancy at any gestational age can be terminated by a registered medical practitioner if the fetus has substantial abnormalities and termination of pregnancy is approved by the medical board."
Directing preservation of the foetus, the court said it be immediately handed over to the investigating agency. "The investigating officer is directed to send the foetus to "DNA Fingerprint Laboratory within two days from the date of seizure of the said fetus", it said, news agency PTI reported.
According to local police sources, the teenager had gone missing earlier this year and a kidnapping case was registered at Morwa police station in the district.
After she was traced more than a month later, the minor was sent for a medical test which showed that she was pregnant. The police subsequently upgraded the FIR with rape charges under the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act.
Her father then moved the court for termination of pregnancy.
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