SC directs medical examination of 14-year-old rape victim seeking termination of 28-week pregnancy
New Delhi: Observing that the Bombay High Court failed to evaluate the physical and mental status of the rape survivor, the Supreme Court on Friday ordered a medical examination of a 14-year-old girl who was allegedly raped and has sought termination of her 28-week pregnancy.
In an urgent hearing, a bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala directed the medical examination of the victim to be conducted at the Lokmanya Tilak Municipal General Hospital, Sion, Mumbai on 20th April.
"From the material which has been placed on the record, a striking feature which has emerged before this Court, prima facie, is that the medical report does not contain an evaluation of the physical and mental status of the minor, particularly having regard to the background leading up to the pregnancy, including the alleged sexual assault," the bench observed.
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Therefore, the apex court ordered that the medical examination has to indicate to the bench the possible mental and physical impacts on the minor if such a termination is allowed.
The bench assembled at around 4:30 pm after the regular court hours to hear the petition urgently.
The mother of the victim filed the petition seeking the termination of her minor daughter's 28-week pregnancy. The minor was subjected to sexual assault and an FIR was registered with Turbhe MIDC Police Station at her instance on 20 March 2024 for offences punishable under Section 376 of the Indian Penal Code and Sections 4, 8 and 12 of the Protection of Children from Sexual Offenses Act 2012.
Following this, the petitioner approached the Bombay High Court but it dismissed the petition on its order dated 4 April 2024 and declined to grant the said relief of termination to the minor girl.
The apex court noted that the medical report relied upon by the High Court failed to evaluate the physical and mental status of the minor victim, specifically in light of the context of the alleged sexual assault.
Under the Medical Termination of Pregnancy (MTP) Act, the upper limit for termination of pregnancy is 24 weeks for married women as well as for those in special categories, including rape survivors, and other vulnerable women, such as the differently-abled and minors.
"It would be necessary that this Court is apprised whether the carrying of the pregnancy to the full term would impact upon the physical and mental well-being of the minor who is barely fourteen years old. The Medical Board shall also opine on whether a termination of the pregnancy can be carried out at this stage without any threat to the life of the minor.
In this view of the matter, we are of the view that the petitioner’s daughter should be examined afresh by a Medical Board to be constituted at the Lokmanya Tilak Municipal General Hospital and Lokmanya Tilak Municipal Medical College, Sion, Mumbai tomorrow (20 April 2024). We request the Medical Superintendent of the hospital to constitute a Medical Board for that purpose," said the bench.
Further, the bench has directed that the State of Maharashtra ensure the transportation of the petitioner and the minor daughter to the hospital for the medical tests to take place with efficiency.
The bench asked the medical board to submit the report to it and posted the matter for hearing at 10.30 am on April 22.
To view the official order click on the link below:
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