HC allows minor girl to terminate pregnancy

‘Cops can approach doctor to preserve the foetus for DNA?test.’

Bangalore: At the age of 17 she was abducted by a rogue and allegedly sexually assaulted, resulting in her pregnancy. As the girl and her parents did not want to extend the agony and wanted to terminate the pregnancy, the police stopped them and issued them a notice against ending her pregnancy!

The girl and her parents approached the high court, which came to their rescue and quashed the notice served by the police. The court asked the parents to inform the police about the termination, to allow the police to ask the doctor to preserve the foetus to conduct DNA tests and further investigation against the accused.

The girl went missing in June 2013. During the investigation, it was found that L. Bhutesh had abducted the girl and committed the offence, which is punishable under Section 366 (A) of the IPC. The girl and her parents first approached the JMFC court, which dismissed the application on the ground that it did not have the jurisdiction to pass an order and said that only the sessions court could take up such cases.

Even as the petitioners were thinking of approaching a higher court, the police issued the notice. They argued that the girl should not terminate the pregnancy as the police had to conduct DNA tests on the baby to prove the case against the accused.

But the high court observed, “What is necessary to be noticed is that if the girl and her parents make out a right and comply with the procedures under the Medical Termination of Pregnancy Act, 1971, they cannot be prevented only on the ground that the unwanted pregnancy is to be gone through by the police only to aid the proof of the case.” Even if the pregnancy is terminated, it would still be open for the police to seek to preserve the foetus for necessary action, the court said.

“If in the event of the certification being made by the doctors enabling the termination of pregnancy, the girl's parents shall intimate the police, who may request for preserving the foetus and that the doctor shall oblige the request of the police,” the court said.

( Source : dc )
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