A division bench of the Bombay High Court has refused to provide a 16-year-old rape victim, the permission to terminate her 29-week-old pregnancy. The termination plea was filed by her father who sought medical termination of pregnancy and compensation as per law.
Abortion denied
The decision came in after a hospital opined that the termination will most likely be unsuccessful and will result in a premature baby who would hence suffer from lifelong morbidity. The bench directed the state to admit the girl to an NGO named Vatsalya Trust till her delivery and pay her Rs 50,000 as interim compensation.
Abortion could lead to severe consequences
The division bench comprising of Justice Revati Mohite Dere and Justice Madhav J Jamdar of the Bombay HC. The petitioner’s advocate Madhuri R Raibagkar informed the court that there is no one to take care of her since the victim’s father is a daily wage earner who stays outdoors for long hours and her mother passed away a long time ago.
In an interaction with the court, the petitioner expressed that she had an interest in pursuing further education. As of 5th May, the Bombay High court referred the case to a medical board comprised of the dean of state-run JJ hospital.
The court ordered the hospital to access the effect of the pregnancy on the mental health of the teenager. The panel after careful examination concluded that if the termination is allowed, it might conclude with the delivery of a morbid baby who would have to go through a lifetime of suffering due to various disabilities
Final verdict of the court
Given all this, the court unanimously opined that it wasn’t inclined towards granting the relief of terminating the pregnancy. The court delivered its orders keeping in mind the potential suffrage of the baby and the weak financial condition of the victim.
The state has been ordered by the High Court to submit the FIR, medical report, and other documents related to the case before the District Legal Service Authority in order to facilitate easy compensation for the victims and their family.
Published by : Harsh Bhimani
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