14-year old Rape Victime Seeks Supreme Court of India Permission to Abort Monday July 27,2015

 

The Supreme Court on Monday July 27,2015 agreed to hear a plea of father of a 14-year old Class X student, who is in the 24th week of her pregnancy, seeking its permission to abort her unwanted child.

Seeking court's approval to abort the pregnancy, the parents submitted in the petition that the child should not be forced to undergo physical and mental torture to give birth to the child arising out of rape. They submitted that it is violation of her right to life.

"A woman's right to make reproductive choices is also a dimension of personal liberty under Article 21 of the Constitution. It is important to recognize that reproductive choices can be exercised to procreate as well as to abstain from procreating. The crucial consideration is that a woman's right to privacy, dignity and bodily integrity should be respected," the petition said.

The petitioner approached the apex court after Gujarat HC turned down the plea for abortion on the ground that law allows termination of pregnancy only until 20 weeks' gestation.

The HC had however expressed sympathy with the child and directed the state government to take care of her medical expenses and ordered the government to pay Rs 1 lakh compensation to her family.

Challenging the HC order, the petitioner said "MTP Act is actually an enabling Act, which intended to take away the absolute bar on termination of pregnancy contemplated in the Indian Penal Code, therefore, it has to be construed more in the favour of a women/mother, who is ultimately likely to be affected and suffer".  


"The minor victim is only fourteen years old and is studying in class X. She is not physically or mentally capable of going through the pregnancy. She belongs to a poor family, who is not in position to take proper care of child. The victim is suffering from, multiple physical and mental problems due to pregnancy." In the event she is not permitted to terminate the pregnancy, she would have to bear the stigma of being an unmarried mother of a child and her complete future would be ruined," the petition said.

The apex court said she can undergo abortion if medical experts allow it. - See more at: http://indianexpress.com/article/india/india-others/medical-experts-allow-abortion-in-14-yr-old-rape-victims-case/#sthash.S8z5HaZx.dpuf

As per Medical Termination of Pregnancy Act, pregnancy of a woman can't be terminated after 20 weeks. 

The Act allows abortion between 12-20 weeks only when the continuance of the pregnancy would cause risk to the life of the pregnant woman or if there is chance of child being born with physical or mental abnormalities.  


Granting an urgent hearing, a bench headed by Chief Justice H L Dattu listed the case for Tuesday July 28,2015

The SC held that the minore rape victim can undergo abortion if Medical Experts allow it


In a significant departure from established rules, a five-member medical team of the Ahmedabad civil hospital has permitted a 14-year-old rape victim to terminate her pregnancy. The rape survivor had approached the Supreme Court seeking permission after the Gujarat High Court denied her plea. The teenager is in the 25th week of her pregnancy and according to the law, abortion is illegal after more than 20 weeks.