Refusing to permit a minor to medically terminate her 34-week pregnancy, the Bombay High Court has directed the Maharashtra government to ensure proper pre and post delivery treatment to a 14-year-old survivor of sexual assault.
A vacation bench of justices NR Borkar and Kamal Khata refused permission following a report by a panel of doctors of the JJ Group of Hospitals which advised against it.
The report read: “After careful examination and perusal of documents, we conclude that, continuation of pregnancy at present will not endanger the mother, however, no procedure is advisable at present due to ongoing active infections.”
Also, it was revealed that the survivor was 34 weeks pregnant as against 26 weeks, as claimed in the petition.
The panel was formed on October 31 following HC order while hearing a petition filed by the survivor’s father seeking permission to terminate the girl's 26-week pregnancy since it is causing immense anguish and trauma. "The victim herself is a child and does not wish to continue the pregnancy," the petition read.
Under the provisions of the Medical Termination of Pregnancy (MTP) Act, termination of pregnancy post the 20-week period is not allowed unless permission is taken from the high court.
The petition filed through advocates Tanveer Nizam and Mariam Nizam contended that the survivor was allegedly repeatedly raped by her uncle several times since November 2021.
Nizam said that the father learnt of her pregnancy only last month, when the victim complained of stomach pain and after a medical check-up, it was found that she was pregnant. An FIR was registered October 24 under the relevant provisions of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (POCSO) Act.
They calculated 26 weeks based on the last assault in May. However, it was learnt during medical examination that she was assaulted in February/ March too when the accused had visited their house.
The plea alleges that the accused had murdered the survivor’s mother when she witnessed the assault in May. The survivor was petrified and did not disclose the incident to anyone as the accused threatened her with dire consequences.
Despite the complaint, the police is not taking action against the accused for murder, alleged the plea.
The judges have allowed the father to amend the petition an include prayer seeking action against the accused for murder.
The HC had kept the petition for further hearing on December 9.
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