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The high court said that adequate measures could be adopted with the consent of the victim and her parents to care for the baby.
The Bombay High Court recently rejected a petition filed by the mother of a rape victim seeking to terminate the 30-week-old pregnancy of her daughter.
The division bench, consisting of Justice PD Naik and Justice NR Borkar, heard the petition filed by the mother, whose 15-year-old daughter was subjected to sexual assault.
Following the high court's order, the District Medical Board submitted a report on February 15, stating that the risk of terminating the pregnancy was not higher than the risk associated with full-term delivery.
The paediatrician on the board noted that there was a strong possibility of a live birth with prematurity if delivery was performed at this gestational age.
Furthermore, the neurologist emphasized the high chances of perinatal complications and the need for neonatal intensive care. Additionally, the neurologist mentioned the potential for long-term neurological complications and associated disabilities in the newborn.
Advocates Ashley Cusher and Pooja Phagnekar, representing the petitioner, argued that continuing the pregnancy until full term would subject the victim's child to agony, and the victim's decision should be given due consideration.
Assistant Government Pleader MP Thakur countered that the pregnancy was in an advanced stage, and premature termination posed risks. Thakur suggested that measures could be taken for adoption after delivery with the consent of all parties involved.
The high court agreed with the government pleader, stating it did not find it appropriate to terminate the pregnancy and emphasized that adequate measures could be adopted with the consent of the victim and her parents to care for the baby.
Case title: A (Mother of X) vs State of Maharashtra
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