SC allows 13-year-old rape survivor from Mumbai to abort her 32-week-old foetus
New Delhi: The Supreme Court on Wednesday allowed a 13-year-old rape victim, a student of class seven, from Mumbai to terminate her 32-week-old pregnancy.
The bench comprising Chief Justice Dipak Misra and Justices Amitava Roy and A M Khanwilkar perused the medical report filed by a board of doctors of JJ hospital, set up by the court, and granted the nod for termination of pregnancy.
“Keeping in view the age of the victim, the trauma she faced, we allow her to terminate her pregnancy,” Chief Justice of India Dipak Misra said in his order.
Solicitor General Ranjit Kumar, appearing for the Centre, referred to the medical report and an earlier order passed by the apex court on a plea by another rape survivor whose pregnancy was at an advanced stage.
The apex court asked the hospital authorities to conduct the termination of pregnancy preferably on September 8. "The girl would be admitted a day before," it said.
Section 3(2)(b) of the Medical Termination of Pregnancy (MTP) Act prohibits abortion of a foetus after 20 weeks of pregnancy.
The minor girl's mother, through advocate Sneha Mukharjee, had moved the apex court seeking its permission to terminate the pregnancy of her daughter.
Earlier, on July 28, the top court had rejected a petition, on medical grounds, filed by another 10-year-old rape victim, who sought permission to terminate her 32-week-old pregnancy. The minor girl had recently delivered a child in Chandigarh.
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The court's order had come after taking note of a medical report that abortion would neither be good for the girl, nor for the foetus. The minor girl had recently delivered a child in Chandigarh.