CHENNAI: Noting that the right to reproductive autonomy is the essential facet of right to life, the Madras High Court allowed a 16-year-old minor girl to abort her pregnancy that has reached the 28th week.
The girl has domain over her body and also the autonomy in taking a decision with regard to the continuance or otherwise of the pregnancy, said Justice S Sounthar while allowing a petition moved by the girl’s mother seeking abortion of her pregnancy.
After perusing the statement of the girl that she was not willing to continue the pregnancy, the judge wrote that considering the tender age of the girl and that she has to appear for the board examination soon, "termination of the pregnancy is the best option in the interest of the minor girl".
After perusing her statement, the court also recorded that it indicated that the girl was capable of forming a rational judgment as to the consequences of the existing situation.
Although the girl’s pregnancy is in the 28th week, the medical report submitted by the Government Medical College, Vellore, said that there was no significant contraindication to proceed with medical termination of pregnancy (MTP).
After considering all aspects, the judge allowed the girl to undergo abortion and directed the Vellore medical college to arrange for MTP and complete the process expeditiously.
The judge also directed the authorities to preserve the foetus for a DNA test to assist the criminal case lodged for sexual assault.
In the petition, her mother said the girl was in a relationship with a boy and got pregnant as a result of their intimacy. As she is a minor pursuing Class 12 and has to appear in the forthcoming board examination, the mother sought the court's direction to permit the termination of the pregnancy under the Medical Termination of Pregnancy Act, 1971.
In her statement to the judicial magistrate, the girl said she wanted to terminate the pregnancy and wished to continue her studies.