Plea to terminate teen’s pregnancy dismissed

Petitioner Marimuthu, from Ayakottai in Dindigul district, in his petition, claimed that his 17-year-old daughter had eloped with another 17-year-old boy and following this he had lodged a girl missing complaint with the Ayakudi police on February 13, 2016. 

Two months later on April 14, the girl and boy were traced. During a check by a doctor the next day, it came to light that the girl was pregnant. Immediately, the boy was booked under the POCSO Act. 

Subsequently, Marimuthu had filed a petition in the High Court demanding permission to terminated the pregnancy since his daughter was a minor. But the girl had refused to abort the pregnancy. Then High Court rejected his plea stating that as per The Medical Termination of Pregnancy Act, 1971, abortion could be done only with the consent of the woman in question. 

Then, Marimuthu had demanded that as per the Act abortion could be done only within 20 weeks and according to POCSO Act the consent of the minor girl to terminate pregnancy was not required. 

In view of the contradiction between the two acts, the Judge cited international conventions such as UN Convention on Child Rights and International Covenant of Human Rights and claimed that these conventions, to which India is a signatory, guarantee right to motherhood and hence dismissed the petition.

Judge also claimed that judicial validity of POCSO Act need to be validated by a Constitutional Bench and if deemed necessary the Chief Justice could refer the case to a constitutional bench to clear the constitutional validity of POCSO Act. 

Police directed to file affidavit In another case of camel death in Madurai, the bench has directed the police to file counter affidavit by September 29. The order was issued after two of the accused in the case moved anticipatory bail application.