BENGALURU: The Karnataka High Court has allowed a 16-year-old girl to abort her pregnancy, following report from a team of doctors that there are no medical contraindications for her to undergo termination of pregnancy, after correction of anaemia.
Also, the court has directed the hospital concerned to preserve the terminated foetus as it may be necessary for the purpose of DNA testing with reference to a criminal case registered in Women’s Police Station, Davanagere, subject to the order of this Court.
The minor girl is in her 22nd week of pregnancy. She was produced before the High Court along with her parents by the State Home for Girls, in Bengaluru.
Considering the sensitivity of the subject, the Court had held its proceeding in the chambers and not in the open court.
In its judgment, the court observed that it has spoken to Ms ‘X’, wherein she informed the court about the person with whom she had gone to another village.
But considering the fact that she is 16 years old and unmarried, she would not like to continue with her pregnancy, which has been caused by a person named Manju.
“Considering the fact that the petitioner happens to be a minor, obviously the pregnancy is due to an alleged rape by Manju,” court said.
Following an earlier order, State submitted the medical report prepared by the Bangalore Medical College and Research Institute, which had examined the girl.
The board stated in its report that there were no medical contraindications for her to undergo termination of pregnancy, after correction of anaemia.
Meanwhile, the court also cited an order in a similar case by the Supreme Court, where the victim was raped and she had conceived.
Although the Karnataka High Court had rejected the writ petition seeking a prayer for termination of pregnancy, the SC in its judgment dated September 21, 2017, had allowed the appeal and directed that the pregnancy due to rape should be terminated.
In the case before SC, the victim was in her 26th week of pregnancy.
The Davangere rape victim had sought for termination of her pregnancy citing the SC order.
“Considering the fact that the child has been conceived in a rape case and since the petitioner does not wish to continue with her pregnancy, as it will create individual and social problems for her and for her family, this court is of the opinion that appropriate directions should be issued for the termination of her pregnancy,” HC observed.
Following the order, the Medical Superintendent, Vani Vilas Hospital, has been directed to admit girl in the hospital and to ensure that she is discharged from the hospital, only after the doctors declare that she has recovered well enough for her to be able to go back to her place.
It has also directed that the officers concerned shall collect the samples of the foetus for its DNA testing by the Central Laboratory, located in Hyderabad.
The laboratory is directed to convey its report to the investigating officer within a period of two months from the date of receipt of the DNA samples.
The court also has made it clear that state shall bear all the medical expenses necessary for the operation, medicines and food of the patient.
