Bombay HC directs JJ hospital to submit report on minor rape victim seeking to terminate pregnancy after 26 weeks
Bombay High Court
"We direct all concerned authorities of JJ Hospital to get the survivor admitted to the hospital. The authorities of JJ Hospital are requested that a medical board be immediately formed as per provisions of the Medical Termination of Pregnancy Act, 1971 and the petitioner's daughter be examined and the reports be submitted to this court on or before November 2," the bench directed.
Mumbai: The Bombay High Court recently directed the state-run JJ Hospital to examine a 14-year-old rape victim seeking to terminate her 26-week pregnancy and submit its reports on or before 2nd November 2022.
A vacation bench of Justices Madhav Jamdar and Kamal Khata directed the medical board of the hospital to submit its report on November 2.
The bench was hearing a petition filed by the father of the sexual assault survivor, seeking permission to terminate the girl's 26-week pregnancy.
Under the provisions of the Medical Termination of Pregnancy Act, termination of pregnancy post the 20-week period is not allowed unless permission is taken from the high court.
The petition filed on Monday through advocates Tanveer Nizam and Mariam Nizam stated that the victim was allegedly raped by her uncle several times since November 2021.
The girl's father found out about the alleged offense only earlier this month when the victim complained of stomach pain, and after a medical check-up, it was found that she was pregnant.
An FIR was then lodged against the accused on October 24 under the relevant provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
"We direct all concerned authorities of JJ Hospital to get the survivor admitted to the hospital. The authorities of JJ Hospital are requested that a medical board be immediately formed as per provisions of the Medical Termination of Pregnancy Act, 1971, and the petitioner's daughter be examined and the reports be submitted to this court on or before November 2," the bench directed.
As per the plea, the victim belongs to the lower socio-economic strata of society and hence this pregnancy was causing immense anguish and trauma.
"The victim herself is a child and does not wish to continue the pregnancy," the petition stated.
