HC nod to terminate pregnancy of minor

Madurai: The Madurai bench of the Madras high court has given its nod to abort the foetus of a 15-year-old girl, who was raped and impregnated by her neighbour.

The victim's father moved the court seeking directions to the dean of the government hospital in Thanjavur where the girl is admitted. Her foetus is two months and 15 days old.

The petitioner's counsel submitted that the minor girl was dragged into the sexual act and she was not aware of the consequences and conception at 15 years will lead to a severe injury to her mental health.

Medical Termination of Pregnancy Act 1971 allows registered medical practitioners to terminate pregnancy when the period does not exceed 12 weeks. The second scenario is when the period exceeds 12 weeks but does not exceed 20 weeks and not less than two registered medical practitioners opining that the continuance would involve a risk to life of the pregnant woman or grave injury to physical or mental health.

The civil assistant surgeon attached to the government mirasdar hospital, Thanjavur has certified that the girl in question is physically not fit to deliver a baby, since her hip bones are not adequately grown. The doctor has also indicated other possibility of potential injury to her reproductive organ, the court noted.

The court also noted that the pregnancy is caused by rape and the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the girl.

“Taking an overall picture of this case and the medical opinion placed on record and also with regard to satisfying the requirements of the Medical Termination of Pregnancy Act 1971, this court considers it as a fit case to order medical termination of the pregnancy of the petitioner’s daughter,” justice N Seshasayee stated and directed the dean to abort the pregnancy at the earliest.