Chhattisgarh HC allows minor rape victim with Sickle Cell Anaemia to terminate 20-week pregnancy
Raipur: The Chhattisgarh High Court has recently permitted a minor rape victim, suffering from sickle cell anemia, to terminate her 20-week pregnancy after assessing her physical condition.
The bench comprising Mr Justice Naresh Kumar Chandravanshi stated, “The victim of rape herself carrying stigma in her life. If she is not permitted to terminate her pregnancy, which is a result of rape, then it would be against her liberty and right to decide whether she continues with the pregnancy or not.”
The petitioner has been identified as the mother of a 17-year-old who sought permission to terminate her daughter’s ongoing pregnancy through registered medical practitioners at any approved private or government center or Hospital before the completion of 24 weeks of pregnancy.
The petitioner submitted that the minor was sexually exploited by the accused, therefore, an FIR bearing was registered at Police Station Kotwali Balodabazar, District Balodabazar against him. The petitioner has been medically examined by police, in which, she was reported “positive” about having pregnancy. Due to sexual exploitation, the petitioner has conceived a pregnancy of about 20 weeks and 4 days, but she does not want to carry the pregnancy.
The petitioner further submitted that the petitioner is a minor girl, aged about 17 years and she is unmarried, her father has died and her mother is a housewife. It is further contended that the pregnancy of the child may be detrimental to the petitioner, therefore, she does not want to carry on pregnancy or deliver the child. Hence, she should be granted the permission for termination of her pregnancy. “Since she does not want to carry on her pregnancy, therefore, it may be presumed that if permission is not granted, then it would cause grave injury to the mental health of the petitioner, as such, relief sought for may be granted to the petitioner,” submitted the petitioner.
When the case came up for hearing before this Court on 05.12.2024, the court directed the Chief Medical and Health Officer, Balodabazar-Bhatapara to submit a report with opinion with regard to the medical termination of pregnancy of petitioner upon which, Chief Medical & Health Officer, Balodabazar-Bhatapara has submitted a report along with various documents and report prepared by team of doctors. After analyzing her physical condition, they have further opined that the petitioner is suffering from severe anemia and sickle cell, therefore, after anemia correction, there is no contradiction for termination of pregnancy of the petitioner.
After considering the submission, the court permitted the minor to terminate her pregnancy stating, “She is a victim of rape and she does not want to carry on her pregnancy. A team of doctors has also submitted a report to the effect that continuation of teenage pregnancy with severe anemia can have significant physical, emotional, social, and economic consequences to the petitioner.”
Chief Medical and Health Officer, Balodabazar- Bhatapra is further directed to issue instructions to Pt. Jawaharlal Nehru Memorial Medical College, Raipur and Dr Bheemrao Ambedkar Memorial Hospital, Raipur for terminating the pregnancy of the petitioner under the supervision of at least two registered medical practitioners including Specialist Doctors in the field of Department of Gynecology following the provisions of the Act, 1971. The Superintendent of Pt. Jawaharlal Nehru Memorial Medical College, Raipur & Dr. Bheemrao Ambedkar Memorial Hospital, Raipur has also been directed by the court to ensure that the DNA sample of the foetus shall also be taken and preserved for further evidence of a criminal case.
To view the order, click the below link:
