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Synopsis

The Punjab and Haryana High Court recently allowed a 26-week pregnant minor to terminate her pregnancy. The court noted that the pregnancy was result of the minor's rape and the minor and her family had already expressed their unwillingness to bring up the child.

The bench of Justice Vinod S Bhardwaj said, "It can also not be lost sight of the fact that the pregnancy is an outcome of violation of the minor. It is a testimony to her bruised body and soul. The child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo".

Court observed that if the child gets born, as an unwanted child, it is likely that either he/she will live a tormenting life filled up with taunts to his/her origin or be given away. "In either of the said situation, the mother, as well as the child, will suffer social stigma and incarceration for rest of their lives," the court said. 

Therefore, stressing that denial of dignity and social as well as family acceptance or approval will compound the agony of the child and lead to greater injustice, court opined that it seemed more prudent to allow the termination of pregnancy.

The court was dealing with a plea moved by the minor through her father seeking issuance of a direction to the respondent authorities to terminate her pregnancy in view of the provision of the Medical Termination of Pregnancy Act, 1971.

Since the pregnancy was more than 24 weeks old, the minor was bound to approach the High Court for seeking termination of the pregnancy in accordance with the statutory mandate.

The counsel for the petitioner apprised the court that the minor was subjected to rape as a result of which she got pregnant. An FIR, in this regard, had also been registered last month under Sections 363, 366-A, 376, 450 and 34 of the IPC and Section 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012.

The counsel contended that the minor being dependent on her parents for her own self was not in a situation to take care of the child in case she is supposed to give birth. 

Moreover, in pursuance of the order dated November 9, 2022, whereby the minor had been directed to appear before the Medical Board of Government Medical College & Hospital in Mewat, the Board also found the minor fit for termination of pregnancy.

Court considered the facts and circumstances of the matter, and held that there was no reason to presume that the opinion given by the Medical Board concerned was not in good faith. Accordingly, court allowed the petition and directed the Director the Medical College to take expeditious steps for termination of the pregnancy in accordance with law.