CHENNAI: The Madras High Court directed the Government Namakkal Medical College and Hospital to immediately terminate the 28-week pregnancy of a 12-year-old minor girl, who was sexually assaulted, considering her health condition and well-being.
The direction by the vacation bench of the High Court came weeks after the Supreme Court noted that minor child cannot be forced to bear a pregnancy and directed the Union government to amend the law to permit rape survivors to terminate unwanted pregnancies, even beyond 20 weeks.
In the present case, the survivor’s mother filed a petition before the Madras High Court, submitting that her 12-year-old daughter got pregnant after being raped by the accused. A criminal case was registered under Sections 87 of BNS and Sections 5 (m), 5 (l), 5 (j) (ii) and 6 of the Protection of Children from Sexual Offences (Pocso) Act, 2012 as against the offenders.
The minor child’s pregnancy is currently in the 28th week and she is undergoing treatment at the Government Namakkal Medical College and Hospital, she said, and sought a direction to the authorities at the Government Namakkal Medical College and Hospital to terminate the pregnancy.
When the petition came up for hearing before Justice L Victoria Gowri, the government advocate submitted that there was no impediment in terminating the pregnancy of the petitioner's daughter and submitted that a positive direction may be given in this regard.
Accepting the government’s submission, the court issued the direction and closed the petition.
As per the rules on medical termination of pregnancy, the procedure could be undertaken on the basis of the opinion given by one doctor till 20 weeks. If the person is a minor, or a woman who was raped, mentally ill, divorced, or divorced, the pregnancy could be aborted till 24 weeks. However, for pregnancies beyond 24 weeks, the only option is to file a writ petition and obtain a favourable direction from the courts.
In a ruling with far reaching implications for rape survivors, including children, the Supreme Court, which was hearing a plea by AIIMS seeking to set aside the apex court order allowing a 15-year-old girl to medically terminate her 30-week pregnancy, said the Centre should amend the law to permit rape survivors to terminate unwanted pregnancies.
"Please amend your law that when there is pregnancy from rape, etc., there will not be any time limit to terminate it. The law needs to be organic and in sync with evolving times. Also, amend the law so that such trials are completed within a week. Why should the child suffer the pending trauma of the trial also," said Chief Justice of India Surya Kant, who was hearing the plea along with Justice Joymalya Bagchi.