Continuation of pregnancy may lead to anxiety, depression Karnataka HC allows MTP at 22 weeks 3 days gestation

Karnataka: In a recent order, The Karnataka High Court granted permission to terminate 22 weeks 3 days old fetus of a rape victim, as she may develop anxiety, depression.

The victim is a minor, represented by her father. The petitioner is a victim of an offense under Sections 4 & 6 of Protection of Children from Sexual Offences Act, 2012 read with Sections 363, 366-A, 376(2)(n) and 506 of the IPC.

The court referred the matter to the Medical Board constituted under Section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971 examined the petitioner, and submitted a report dated 05.03.2022.

The medical report mentions that if the procedure is not carried out, it may affect the mental health of the petitioner, and if pregnancy is continued, it may cause serious injury to the mother both physically and mentally. Also, it is a high-risk pregnancy.

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It was further stated that, if the petitioner continues her pregnancy she can develop anxiety, which could lead to depression affecting her mental health.

According to Section 3(2)(b), the pregnancy in the present case is 22 weeks 3 days, which is within the prescribed period of 24 weeks under Section 3(2)(b) of the Act. The Medical Board has opined that the pregnancy could be terminated despite the risk.

The single-judge bench of Justice Suraj Govindaraj stated, "I am of the opinion that, it would be in the interest of the petitioner-victim, that the pregnancy is terminated. " 

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Live Law reports that the court directed the District Civil hospital (Belagavi) to medically terminate the pregnancy of the petitioner by adopting all required safety considerations for such a procedure.

However, it was directed that a DNA sample of the fetus shall be immediately sent to the Forensic Science Laboratory, Bengaluru for providing a DNA report so as to enable the comparison with the DNA of the accused, as and when required. The fetus shall be preserved in such a manner as to be able to obtain a DNA sample for future examinations.

To read the official order click on the following link: