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Supreme Court denies 10-year-old rape survivor consent to abort

According to the MTP Act, abortion is allowed only up to 20 weeks of gestation.

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The Supreme Court has turned down an abortion plea filed by a 10-year-old rape survivor. The survivor, who is 32 weeks pregnant, had moved the SC seeking permission to terminate her pregnancy.

The order was passed after a Bench comprising the Chief Justice of India JS Khehar and Justice DY Chandrachud took into consideration the observation of a medical board set up by PIMER (Postgraduate Institute of Medical Education and Research) Chandigarh that examined the case. According to the board, aborting the foetus would risk the life and health of the 10-year-old, who is almost eight months pregnant now. "The report says continuing with the pregnancy would risk the mother's life," CJI Khehar said.

Soon after passing the order, CJI Khehar asked the Solicitor General Ranjit Kumar to look into the feasibility of setting up permanent medical boards at the state level to help dispose of the rising number of cases that deal with permission to abort a foetus without delay.

"In light of the rising matters reaching us, look into setting up a board at the state level so that these matters can be disposed of at the first step itself," CJI Khehar said at the end of the hearing. The top court further directed the doctors at the government hospital treating the child to give her "due medical care".

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 the MTP Act, 1971, highlighting the serious health risks involved. The medical board, comprising 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.

According to the MTP Act, abortion is allowed only up to 20 weeks of gestation. Mother's who want to abort the foetus beyond this deadline, will get permission only if 'the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health.'

Though, keeping pace with the changing times, the new MTP Amendment Draft Bill 2014 (which is yet to be passed), plans to extend the abortion cut-off to 24 weeks.

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