High Court Rejects Pregnancy Termination Plea of 14-Year-Old Rape Victim, Citing Medical Reasons
It further instructed that all the facilities — from treatment to consultations and other services — be provided free of cost,
Punjab and Haryana High Court Rejects Pregnancy Termination Plea of 14-Year-Old Latest News: The Punjab and Haryana High Court on Monday turned down a petition filed by the father of a 14-year-old rape survivor, seeking medical termination of her pregnancy. The court cited her medical condition and the advanced stage of pregnancy for the non-acceptance of the prayer of the petitioner, according to an Indian Express report.
A single bench of Justice Suvir Sehgal pronounced the judgment, stating, “This Court is not inclined to accept the prayer of the petitioner. A detailed evaluation of the patient has been conducted by experts… The Board has found that the fetus is about 29 weeks and 6 days, but the petitioner has an abnormal pulse rate and blood pressure.”
“The Board has categorically opined that she is medically unfit for termination of pregnancy and has not recommended it,” Justice Suvir Sehgal is further quoted as saying in the report.
The Indian Express report says that in August, after the doctors in Hisar confirmed that the minor was over 28 weeks pregnant, an FIR under POCSO and BNS provisions was lodged, and following an earlier court order, the victim was evaluated by PGIMER’s Permanent Medical Board.
The medical board stated the girl had an abnormal pulse rate and blood pressure, and that she was medically unfit for MTP.
“She is medically unfit for MTP. Keeping in view her current medical condition and advanced stage of pregnancy, termination of pregnancy is NOT recommended,” the board decided, adding, “If the family desires, the victim may be admitted to PGIMER and provided further medical support till delivery.”
Justice Sehgal observed that while courts have in the past allowed termination beyond statutory limits, in this case, the medical condition of the girl left little room to do so.
“This Court is not inclined to exercise its discretionary power under Article 226 of the Constitution of India and rejects the prayer for the termination of pregnancy,” the order stated, according to the report.
To support the victim, the court has directed that the girl be admitted to PGIMER, Chandigarh, whenever required, and be provided full medical assistance and support until delivery.
Her father, who was also present during the hearing, consented to the arrangement, the report added.
The court has further directed PGIMER to ensure specialist evaluation by both a cardiologist and a psychologist, and to extend post-delivery care if needed. It further instructed that all the facilities — from treatment to consultations and other services — be provided free of cost, with the PGIMER authorities ensuring a congenial environment for the girl.
The court has ordered PGIMER to preserve the DNA sample of the child after birth and to hand it over to the investigating officer in the ongoing criminal investigation in the rape case.
Regarding the adoption of the child, the court observed that if the girl and her parents give up the child, the Haryana government must take responsibility for rehabilitation, including foster care or adoption, through due legal process, the report said, adding that the decision would depend entirely on the family’s wishes at the appropriate stage.
The Punjab and Haryana High Court has directed the Haryana State Legal Services Authority to release an interim compensation of Rs 4 lakh to the girl, which the report said was in line with the state’s 2020 compensation scheme for women victims of sexual assault.
The amount would be subject to final adjudication under law, it added.
To safeguard privacy, it said, the court has prohibited disclosure of the petitioner’s identity or that of her parents at any stage of proceedings by the court, police, or any other authority.
Further, the court has instructed the registry to remove the name of the girl’s father from the case title and status on the court’s website, as well as from all orders.
The petition was concluded with these directions.
The police investigation under POCSO and BNS provisions continues.
(For more news apart from “'On Our Way to Start the Best Chapter': Katrina Kaif & Vicky Kaushal to Welcome Baby Soon,” stay tuned to Rozana Spokesman.)