Abortion: The Aurangabad bench of the Bombay High Court on Monday (June 26) refused to allow a minor rape victim to terminate her 28-week pregnancy. After the medical examination of the 15-year-old rape victim, the doctors gave the opinion that the child would be born alive even if forced delivery at this stage.
A division bench of Justice RV Ghuge and Justice YG Khobragade of the Bombay High Court, while issuing the order in response to a petition filed by the rape victim’s mother, refused to allow the abortion.
What was demanded in the petition?
In the petition filed by the mother of the minor rape victim, she sought permission to abort her daughter’s 28-week pregnancy. In the petition, it was said on behalf of the mother that her daughter had gone missing in February and was found three months later in Rajasthan. Where a man raped her, due to which she became pregnant. A case was registered against the accused person under the POCSO Act. Meanwhile, the girl had returned to her family.
What was the opinion of the doctors?
The medical board that examined the girl said that even if the minor is aborted, the child will be born alive. With this, both the newborn and the girl child would be at risk and the child would have to be kept under observation. The Bombay High Court bench expressed concern that forced delivery in this case could result in the birth of an underdeveloped child with possible deformities.
Minor will be free to give the child to the orphanage – Bombay High Court
The Bombay High Court said that even today when a living child is about to be born, we will give the child after 12 weeks and medical advice Can be born under. If later the petitioner wants to give the child to an orphanage, she will be at liberty to do so. The High Court said that if the child is well developed and naturally born as a full term child then there will be no deformity and the chances of adoption will increase.
The mother made this demand from the High Court
After the order, the girl’s mother demanded from the High Court that the girl be allowed to be kept in an NGO or hospital till the child is delivered . The court said that the girl can be kept either in a shelter home in Nashik that takes care of pregnant women or in a government shelter home for women in Aurangabad.
The High Court also said that after the birth of the child, the girl would be free to decide whether to keep the child or give it up for adoption.
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