Bombay HC allows 12-year-old rape victim to terminate 25-week pregnancy to protect her physical well-being

According to the petition filed in the High Court by the victim's mother, the victim was allegedly raped by her 14-year-old brother.

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The Bombay High Court on Monday permitted a 12-year-old rape victim to terminate her pregnancy. The victim is 25 weeks pregnant. A vacation bench of Justice Sandeep Marne and Justice Neela Gokhale heard the case. The bench took note of the report submitted by the medical board recommending termination of the pregnancy. While giving permission, the court said that the safety and welfare of the victim is paramount.

What was in petition? 

According to the petition filed in the High Court by the victim's mother, the victim was allegedly raped by her 14-year-old brother. In early May, the victim complained of stomach ache to her mother. When she was taken to the hospital, the pregnancy was discovered. At that time, the victim told that when there was no one at home, her elder brother used to forcefully have physical relations with her. The brother had threatened the girl that if she told anyone about this he would kill her. On the complaint of the mother, the police registered a case against the accused brother. Brother has been sent to juvenile home.

What was bench's judgement? 

The bench, after the hearing, in its order said that the victim was unaware of the fact that she was pregnant for a long time. The medical board has said that if the pregnancy continues, the mental and physical health of the victim will be seriously affected. The bench said that the hospital will take care of the girl's health after the pregnancy termination procedure. The court directed the health authorities to preserve proper samples and DNA samples of the fetus and send it to the investigating officer for trial. Under the Medical Termination of Pregnancy Act, if more than 20 weeks have passed in the pregnancy, then court approval is required for abortion. Considering the danger to the life of the child and mother, the court gives approval.