"In case, the doctors are of the opinion that the petitioner's request for termination of the pregnancy of his daughter is required, then the procedure under Section 3 (2)(b) of the Act has to be followed and the opinion of two medical practitioners is required."
The Madras High Court on Tuesday directed a government Hospital to consider a representation made by the father of a minor girl, who was allegedly raped, to terminate her pregnancy as per procedure under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971.
The petition, filed by the father of the 15-year-old girl, a ninth standard student at a girls high school at Dharapuram, seeking a direction to enable doctors at the hospital to terminate the pregnancy, came up before Justice T S Sivagnanam.
In his order, the judge said the "above provision safeguards the interest of the medical practitioner in cases where pregnancies are terminated by them and registered medical practitioner shall not be guilty of any offence under the Indian Penal Code or under any other law for the time being in force if any pregnancy is terminated by him in accordance with the provisions of the Act. "
"In case, the doctors are of the opinion that the petitioner's request for termination of the pregnancy of his daughter is required, then the procedure under Section 3 (2)(b) of the Act has to be followed and the opinion of two medical practitioners is required."
According to the petitioner, if the foetus is not aborted her dignity and purity of physical frame will be shattered and if the pregnancy continues, she would grow up with traumatic experience and unforgettable shame.
Concurring with the submissions of the counsel for the father, the judge in his order said "it is a fit case where they should exercise power under Section 3 of the Act. "
"Since the criminal case has been lodged stating that the petitioner's daughter has been raped and the case is under investigation, the Hospital is directed to preserve the foetus in accordance with the prescribed procedure."
The complaint that the girl was raped has been lodged at the All Women Police station at Dharapuram on February 17 this year. When the petitioner approached the Government Hospital for termination of pregnancy, the Medical Officer directed him to get a court order for termination, following which he filed the present petition.
The counsel for the father argued that directing the petitioner to obtain a court order itself is un-tenable in the light of the power granted to the hospital under Section 3 of the Termination of Pregnancy Act.
Earlier, the court had directed the government advocate to get written instructions from the hospital.
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