High court lets 13-year-old rape survivor end 23-week pregnancy

AURANGABAD: The Aurangabad bench of the Bombay high court (HC) on Thursday allowed a 13-year-old rape survivor from the district to medically terminate her 23-week pregnancy. The girl's father had approached the HC for its permission to end the pregnancy.
The petition filed in the court stated that the girl was raped by an unidentified person in January this year when she had gone to a nearby field to relieve herself.She did not inform her parents or anyone else about the rape. In April, she complained of stomach pain and was prescribed painkillers and acidity regulators. However, when she again complained of severe stomach pain, a sonography scan was done at a prominent hospital here in June which revealed that she was 22 weeks' pregnant.
The girl's mother lodged a police complaint in the first week of July and an offence was registered under section 376(2)(i) of the IPC and section 6 of the Pocso Act, following which the father approached the HC to get the pregnancy terminated.
R S Devdhe, who represented the petitioner, said the girl lives with her parents in a rural part of Aurangabad district.
While allowing the petition, the HC bench comprising Justice Prasanna B Warale and Justice R G Avachat referred to the explanation involving section 1 to 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, and observed, "...where any pregnancy is alleged to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the woman." The court said that for termination of pregnancies in girls below 18 years of age, the written consent of the guardian is mandatory.
The court further observed, "Considering all the aforesaid aspects of the matter, it would be appropriate to grant permission to the petitioner to terminate the pregnancy. The natural guardian of the petition i.e. her father, shall file an affidavit in the court about his consent for the termination of pregnancy."
Devdhe said the girl's father has filed an affidavit to this effect in the court. Additional public prosecutor Archana Gondhalekar represented the government.