Court moved to terminate 14-year-old’s pregnancy

An impleading petition filed by a child rights activist A Narayanan, Director of Change India, has pressed for the speedy formation of a medical committee to decide if a MTP  can be done, even as the hearing is scheduled for December 5. The minor, a victim of human trafficking, was rescued in 2014 and placed in the Kelly’s Government Home for Girls on  October 15, 2014, and  on the recommendation of the Child Welfare Committee, transferred to an NGO named Madras Christian Council of Social Service (MCCSS) in Jawahar Nagar. On  July 20, 2015, the minor went missing and a complaint by the NGO was registered in K5 Peravallur Police Station. The minor was found five months later in a pregnant condition.  

“This medical board will consist of doctors from government hospitals who can take a call, since the stipulated 20 weeks within which the pregnancy can be terminated, is already over. This has to be done urgently,” said Narayanan, pointing out a case where pregnancy was terminated in the 24th week, after a landmark Supreme Court judgment, after consultation with a panel of doctors and psychologists. 

Advocate Sudha Ramalingam says the doctors are empowered to make a decision to terminate the pregnancy, if it concerns a minor. “Under the Medical Termination of Pregnancy Act, a pregnancy can be terminated when any pregnancy is alleged by the pregnant woman to have been caused by rape. At 14, the minor doesn’t take a call if the pregnancy can continue or should be terminated. The doctors have a right to terminate the pregnancy if it puts the life of the minor or child at risk,” she said. 

Narayanan’s petition also seeks accountability since the safety of the minor was compromised as the MCCSS, where she lived has no security guards. “The government-certified NGO didn’t even have basic security facilities and after the minor went missing, the CWC was informed much later. There has to be some accountability as the state has failed to protect a minor victim of human trafficking,” he added. 

Sheela Charles Mohan, member of the Child Welfare Committee said the child was sent to MCCSS because she required rehabilitation. “We decided to send the child after taking into account the probation officer’s report. The decision was taken as well as by CWC’s five-member committee. The home in question has been certified by the government and we sent trafficking victims there, as they require rehabilitation,” she said. 

Child rights activists concede that the child protection scheme leaves a lot to be desired. “The number of children who need protection are far more than the number of institutes to care for them. There is a lack of specialised facilities, trained therapists and more importantly, a lack of sensitivity. This is a very compound problem. It is essential that the Child Welfare Committee becomes more proactive, especially when it comes to safe homes for children and accountability for their safety,” Sudha observed.