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Primacy shall be given to the wish of the girl. The minor girl has got domain over her body and also got autonomy in taking a decision with regard to the continuance or otherwise of the pregnancy, said the court
In a significant decision, the Madras High Court has allowed the termination of a 28-week pregnancy of a 16-year-old minor girl, stating that her right to reproductive autonomy must be upheld. Court directed the Government Vellore Medical College to conduct the procedure expeditiously, emphasizing that the minor’s consent and well-being take precedence over procedural limitations.
The case came before the court after the girl’s mother filed a writ petition seeking medical termination of her daughter’s pregnancy. The girl, a 12th-standard student, became pregnant following an alleged sexual assault by a man named Dhilip, against whom a case has been registered under the Protection of Children from Sexual Offences (POCSO) Act. When local health authorities refused to perform the abortion due to the pregnancy exceeding 24 weeks, the petitioner was compelled to approach the court.
The bench of Justice S. Sounthar noted that the girl had explicitly expressed her wish to terminate the pregnancy, citing her upcoming board exams and future aspirations. A Judicial Magistrate was directed to record her statement, which confirmed her consent. The court also considered a medical report from the Government Vellore Medical College, which stated that there were no contraindications to carrying out the procedure at their facility.
“The minor girl has got domain over her body and also got autonomy in taking a decision with regard to the continuance or otherwise of the pregnancy. The said right is the essential part of the right to life under Article 21 of the Constitution of India,” the court observed, citing Supreme Court precedents that prioritize the individual’s decision in such cases.
Further, court recognized the girl’s mother's right as her guardian within the meaning of the Medical Termination of Pregnancy (MTP) Act to file an affidavit seeking MTP and directed that the fetus be preserved for DNA analysis to aid in the ongoing criminal investigation.
Case Title: xxx vs. The Inspector of Police, AWPS, Ranipet and Others
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