The Bombay High Court has permitted a 17-year-old rape survivor to go through with the abortion of a 25-week pregnancy. This has been considered as a milestone judgement of sorts since this verdict has come despite the civic-run KEM Hospital here advising against the abortion. This board that had made the recommendation also suggested that the court provide the victim with the necessary medical and psychological support to go through with the pregnancy.
The bench, which was headed by Justices K K Tated and Milind Jadhav, ordered this on Tuesday, in response to a plea lodged by the victim’s father on her behalf. As per the plea, the girl is a victim of rape and a case against the perpetrator is lodged at the Vakola police station in Mumbai.
Provisions of the Medical Termination of Pregnancy Act do not permit a woman to terminate the pregnancy if it has crossed 20 weeks and she will have to seek the high court’s permission to do so. The bench in its order, however, noted that in the present case the pregnancy was caused by rape, and hence, there is no doubt that continuance of this pregnancy “is causing a grave injury to the mental health of the petitioner”.
“In case the child is born alive during the termination procedure and if the petitioner and her parents are not willing or are not in a position to take responsibility of the baby, then the state government and the agencies concerned will have to assume full responsibility of the child, the court directed.