High Court Disallows MTP for Rape Victim, Orders State Support

Hyderabad:Justice Renuka Yara of the Telangana High Court refused permission for termination of pregnancy of a 16-year-old rape survivor at an advanced gestational stage, holding that the procedure posed a grave and life-threatening risk to the minor. The court was dealing with a writ petition filed by the mother of the victim seeking directions to constitute a medical board and permit termination of pregnancy arising out of an alleged offence under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita. It was contended that the minor was subjected to repeated sexual assault on a false promise of marriage and was found to be over six months pregnant, and that continuation of the pregnancy would inflict severe mental trauma and social stigma. Pursuant to earlier orders, medical boards at the Government General Hospital, Mahabubabad and Gandhi Hospital evaluated the minor. Both boards opined that the pregnancy had crossed 28 weeks and that termination would necessitate major surgical intervention carrying a high risk of maternal morbidity and mortality. Placing reliance on the consistent medical opinion, the Court held that judicial discretion to permit termination beyond the statutory limit cannot be exercised where the procedure itself endangers the life of the victim. It reiterated that while constitutional courts have, in exceptional circumstances, allowed termination at advanced stages, such relief is impermissible in the face of clear medical contraindications. Acknowledging the distressing circumstances, the court directed the state authorities to ensure continuous counselling and psychological support to the minor and her family. It further observed that the child, upon birth, may be given in adoption in accordance with law, subject to the informed consent of the minor and her mother and approval of the competent authorities.

HC orders notices over Bar Association polls

Justice N. Tukaramji of the Telangana High Court ordered notice to the authorities in a writ petition challenging the Ibrahimpatnam Bar Association elections over alleged manipulation of the voters’ list. The judge was dealing with a writ petition filed by P. Ramulu and three other advocates against the Bar Council of Telangana and the Ibrahimpatnam Bar Association. The petitioner contended that the proposed elections, scheduled for March 30, were being conducted in violation of the directions issued by the Bar Council on March 14. According to the plea, several eligible members, including the petitioners, were allegedly excluded from the voters’ list, rendering the election process arbitrary and contrary to the Bar Council Rules and the Association’s bylaws. Seeking intervention, the petitioners urged the court to declare the election process illegal and to direct the authorities to reschedule the elections in accordance with a duly approved voters’ list. They also sought action against the concerned office bearers and election authorities for allegedly disregarding the directions of Bar Council.