Read Time: 06 minutes
Initially, the minor hid the incident from her parents, however, when four months later, her mother and other women in the house noticed her ill health and doubted her being pregnant, she told them about the alleged rape.
The Allahabad High Court on Monday permitted medical termination of pregnancy at 23 weeks of a 12-year-old rape survivor and directed for the preservation of the tissues of the foetus for forensic analysis and use as evidence in the trial.
The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla said, "This we permit in order to free the victim of the trauma and social miseries ahead".
On the earlier date of hearing i.e. September 8, 2022, the court had noted that as per the statement of the victim, pregnancy is of 16 weeks. However, on Monday, the court orally observed that the as per the report of the Medical Board constituted for examining the victim, the pregnancy is of 23 weeks.
Therefore, keeping the urgency of the matter in mind, court allowed the termination process.
Moreover, court directed the Chief Medical Officer, Bahraich to monitor financial implications in the matter to the fullest, inclusive of the fooding and lodging of two extra family members of the victim while the treatment of the victim is done at KGMU, Lucknow.
A First Information Report was lodged by the father of the victim (the informant) on August 10, 2022, alleging that on April 8, 2022, when his daughter was going towards fields, one of his neighbors allured her to his house and raped her. The informant further alleged that the accused had threatened his daughter with dire consequences if she happens to tell anyone about the incident.
However, four months later, when the women of the house noticed the ill health of the victim and suspected her of being pregnant, they insisted her to tell them about it, and only then the victim could reveal the incident.
Thereafter, the family moved a representation before the concerned authorities of Bahraich i.e. victim's home district, however, no substantial action was taken and thus, the father of the victim moved the high court seeking relief.
The matter was first taken up on September 8, when the division bench ordered for constitution of a Medical Board for examining the victim and the plea for medical termination of pregnancy.
The matter was posted for September 14. However, on September 12, the counsel for KGMU, Lucknow, where the victim is being treated currently, apprised the court about the report of the board that the pregnancy is of around 23 weeks, therefore, immediate intervention is necessary.
In light of the same, court allowed the plea for medical termination of pregnancy and permitted the medical board to obtain the necessary consent of the victim's father before the procedure. Advocate Ashish Kumar Singh appeared for the petitioner.
The matter will be next heard on September 20, 2022.
Case Title: Ms. X v. State Of U.P.
Please Login or Register
