Mumbai: HC allows 13-year-old, raped by father, to terminate pregnancy

MUMBAI: The Bombay high court has allowed a 13-year-old girl, who was allegedly sexually assaulted by her father, to undergo medical termination of her 23-week pregnancy.
The direction was passed by a bench of Justice Nitin Jamdar and Justice Nitin Borkar, who heard via videoconference, the girl's petition, filed through her mother, who is a pavement dweller in South Mumbai.
The petition, filed by advocates Aditi Saxena and Sangram Chinnappa, stated that the minor was repeatedly raped by her father when she stayed at her aunt's residence in Thane. Also that he had threatened her with dire consequences if she informed anyone. The minor confided in her aunt on May 14, 2020 and at the hospital it was revealed that she is pregnant. On May 22, the HC set up a JJ Hospital medical board to examine the girl and submit its report.
The medical board's report to court recommended MTP stating that "continuation of the pregnancy will have (sic) physical and mental stress to minor mother." The judges said they are allowing the petition and will pass an order.
The court was earlier told the father, who is charged with rape under the Indian Penal Code and also under the Protection of Children from Sexual Offences Act, is absconding. The minor had to move the high court for permission as the MTP Act mandates that if the foetus is over 20 weeks, HC's permission is required.
(The victim's identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)