Bombay High Court did not allow abortion of minor rape victim, know what is the matter
<पी शैली="पाठ-संरेखण: औचित्य सिद्ध करें;">Abortion: The Aurangabad bench of the Bombay High Court on Monday (June 26) refused to allow the 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 will be born alive even if forced delivery is done at this stage.
A division bench of Mumbai High Court Justice RV Ghuge and Justice YG Khobragade refused to allow abortion while issuing the order in response to a petition filed by the rape victim’s mother.
What was the demand made in the petition?
In the petition filed by the mother of the minor rape victim, she had 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. Whereas, 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. Along with this, both the newborn and the girl child will be at risk and the child will also have to be kept under observation. The Bombay High Court bench expressed concern that the forced delivery in this case could result in the birth of an underdeveloped child with possible deformities.
The High Court said, "If in any case the child is about to be born and the natural delivery is just 12 weeks away then we believe that the health of the child and its physical-mental development need to be considered."
Minor will be free to give child to orphanage – Bombay High Court
The Bombay High Court said that even today when a live child is about to be born, we can allow the child to be born after 12 weeks and under medical advice. 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 would be no deformity and the chances of adoption would increase.
Mother made this demand from the High Court
Following 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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