Courts can allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act
The Supreme Court on Monday directed Chandigarh PGI (Postgraduate Institute of Medical Education and Research) to examine a 10-year-old rape victim to ascertain if her 30-week-old pregnancy can be terminated.
The medical examination would be conducted on Wednesday and a report would be submitted to the court in a sealed envelope on Friday, when the case will be heard again. The Bench headed by Chief Justice JS Khehar directed Secretary, DLSA to effectuate the presence of the victim and one of her parents in the court during the next hearing.
The Bench also issued notices to Union Ministry of Health and Family Welfare, Ministry of Law and Justice and UT administration and sought response on constitution of a permanent medical board in each district to expedite such exceptional cases of termination of pregnancy beyond 20 weeks, particularly involving child rape survivors.
"The board would examine health risks involved in terminating or continuing with her pregnancy. Both the scenarios have to be assessed to decide which is less risky," Advocate Alakh Alok Shrivastava told DNA adding that the court has assured to provide best medical care to the victim in both the cases.
The victim was allegedly repeatedly raped by her maternal uncle who was arrested by the police following a complaint. The incident was reported when the girl was taken to a hospital by her mother after she complained of severe stomach ache on July 15.
The permission to abort the child was denied by the local court on July 18 under MTP Act, 1971, highlighting the serious health risks involved. The medical board, consisting of doctors from a government hospital in the city, had concluded that her pregnancy had gone beyond 26 weeks and could be fatal if she is forced to give birth.
Courts can allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act and can make an exception if the foetus is genetically abnormal.
Seeking safe termination of her pregnancy, Advocate Shrivastava had sought urgent directions to bring the victim to New Delhi to get her medically examined by a medical board preferably from All India Institute of Medical Sciences (AIIMS). "The victim has undergone a heart surgery and has blood deficiency which compounds the risk involved," he said.
Apart from the medical report, the court has also sought a comprehensive report on the nature of the case and status of the investigation.
CAN COURT ACT?
- Courts can allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act.
- The courts can grant an exception and allow medical termination if the foetus is found genetically abnormal.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Abortion")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}