Bombay High Court permits the rape survivor to terminate a 29-week pregnancy

The Bombay High Court (HC) on Thursday, September 9, permitted a 16-year-old rape survivor to terminate a 29-week pregnancy, even though no abnormalities were found in the fetus. 

The girl was anguished, and the continuation of the pregnancy would have affected her mental health.

The minor girl’s mother had filed a plea seeking termination of pregnancy which was argued by advocate Ashley Cusher.

Earlier this year, her daughter was raped, resulting in pregnancy. An FIR was registered under relevant sections of the Indian Penal Code (IPC), and the Protection of Children from Sexual Offences (POSCO) Act, in Palghar district’s Nalasopara area. 

A report was submitted by the JJ hospital of Mumbai on Thursday after HC referred the case to a medical board on September 7.

After psychiatric evaluation and ultrasonographic examination of the victim, the medical board said that there were no abnormalities detected in the foetus, however, the victim is anguished by the pregnancy. They stated that the continuation of the pregnancy will harm her mental health, and there can be pregnancy-related problems, too.

Keeping this into consideration, HC passed the judgement to terminate the pregnancy caused by alleged rape, benched by Justice Ujjal Bhuyan and Justice Madhav Jamdar.

Medical termination of the victim will be done at JJ hospital, Mumbai. The authorities are asked to preserve the blood and DNA samples while carrying out the termination. It has to be handed over to the investigation agency when required.

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