High Court Grants 13-Year-Old Right to MTP
The Rajasthan High Court has granted permission for a 13-year-old rape survivor to undergo an abortion, despite being in the 27th week of pregnancy. The single-judge bench ruled that if the fetus survives, the state government will be responsible for its care and upbringing. However, in the event of the fetus’s death, the court has directed authorities to preserve the DNA test report.
Legal Proceedings and FIR Registration
The case came to light when the minor girl’s pregnancy was discovered during a medical examination at a hospital. Following this, an FIR for rape was registered on March 3. According to the survivor and her family, the accused had threatened her into silence.
Medical Board Review and Parental Consent
The court has instructed the survivor to appear before a medical board along with her parents for further evaluation. Justice Sudesh Bansal directed the medical superintendent of Mahila Chikitsalya, located at Sanganeri Gate in Jaipur, to arrange for the termination procedure.
The girl’s legal representative, Sonia Shandilya, emphasized that both the minor and her parents had given consent for the abortion, despite the risks associated with the medical procedure. She argued that forcing the young girl to continue the pregnancy would severely affect her mental health.
Legal Precedents and MTP Act Guidelines
As per the Medical Termination of Pregnancy (MTP) Act, abortion is legally allowed up to 24 weeks in cases involving married women, rape survivors, disabled individuals, and minors. However, the petitioner highlighted that there have been past instances where courts, including the Supreme Court, have permitted abortion even for pregnancies beyond 28 weeks.
The ruling underscores the judiciary’s recognition of the physical and psychological impact of forced pregnancies on minors and reinforces the legal system’s commitment to safeguarding the rights of rape survivors.
Source: Inputs from various media Sources
Priya Bairagi
Reviewed by Dr Aarti Nehra (MBBS, MMST)
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
