Bombay High Court allows 26-weeks minor rape survivor to terminate pregnancy

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The Bombay High Court on Tuesday allowed a 13-year-old rape survivor to terminate her 26-week pregnancy, on Wednesday.

A division bench of Justice Shantanu Kemkar and Justice G S Kulkarni after going through the medical report submitted by a team of doctors of the KEM hospital, allowed the petition. Abortion after 20 weeks of pregnancy is not allowed in Indian under the Medical Termination of Pregnancy Act.

Advocate Sagar Patil appearing for Brihanmumbai Municipal Corporation, said court has allowed the victim to terminate the pregnancy at the KEM hospital, on Wednesday.

The girl’s father has sought the permission for abortion on the ground that she is physically not capable to bear and deliver a baby and that she is saved from the mental and physical anguish that may be caused to her if she continues with the pregnancy.

On November 30, the court had directed KEM Hospital’s medical board of expert doctors to examine her present health condition to determine whether a MTP will be safe at this stage.

According to the plea, the girl was repeatedly raped by her cousin, who used to live in the house of her parents. The pregnancy came to light on November 7, after she complained of pains in the abdomen and was rushed to the doctor by the parents.

The plea argued that considering the young age of the victim, she must not be forced to continue with the pregnancy that was the result of rape.

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