Mumbai: Bombay high court refused to permit medical termination of the over 30 weeks pregnancy of a 15-year-old sexual assault survivor considering the risk to her life and long-term neurological complications for the baby if born alive.
Justices Prakash Naik and Nitin Borkar passed the order on Friday on a petition by the survivor’s mother as the pregnancy was beyond the 24-week legal limit for termination.While the parents were at work, a neighbour had forcibly and repeatedly raped the minor. On Feb 3 an FIR was registered against him under IPC for rape and under Pocso. On Feb 13 HC directed the district medical board to examine the girl at Thane Civil Hospital.
The 7-member medical board’s Feb 15 report said there is no abnormality in the foetus and the minor mother. “The risk of termination is no higher than the risk at the time of full delivery. We find no reason to not allow termination of pregnancy,’’ it added.
The board also said during MTP there is a possibility of the child being born alive. It referred to the Ministry of Health’s guidelines “to stop the foetal heart sounds before inducing abortion by a procedure of foetal reduction.”
It informed that fetal reduction services are not available in Thane Hospital.
However, the judges took note of the paediatrician’s opinion that if delivery is performed at this gestational age then there is a strong possibility of premature live birth. Also, the neurologist’s opinion of the high risk for the patient for induction of labour and neurological complications in the newborn which may lead to long-term disability. The minor’s advocate Ashley Cusher argued that the board’s collective opinion was that the pregnancy could be terminated. He said “If the pregnancy is continued till full term, the victim child will have to undergo agony.” Cusher said her decision should be taken into consideration. The State’s advocate M P Thakur said the girl’s pregnancy is at an advanced stage and should not be terminated. The board had indicated that there would be a risk to the child if born alive. She said after delivery the child may be given in adoption if the parties consent.
“Considering aforesaid circumstances, we do not find it fit to terminate the pregnancy of the victim. After full-time delivery, adequate measures can be adopted with the consent of the victim and her parents for taking care of the baby,’’ the judges said. They allowed the mother to move HC in case of “any difficulty post-delivery.”
Justices Prakash Naik and Nitin Borkar passed the order on Friday on a petition by the survivor’s mother as the pregnancy was beyond the 24-week legal limit for termination.While the parents were at work, a neighbour had forcibly and repeatedly raped the minor. On Feb 3 an FIR was registered against him under IPC for rape and under Pocso. On Feb 13 HC directed the district medical board to examine the girl at Thane Civil Hospital.
The 7-member medical board’s Feb 15 report said there is no abnormality in the foetus and the minor mother. “The risk of termination is no higher than the risk at the time of full delivery. We find no reason to not allow termination of pregnancy,’’ it added.
The board also said during MTP there is a possibility of the child being born alive. It referred to the Ministry of Health’s guidelines “to stop the foetal heart sounds before inducing abortion by a procedure of foetal reduction.”
It informed that fetal reduction services are not available in Thane Hospital.
However, the judges took note of the paediatrician’s opinion that if delivery is performed at this gestational age then there is a strong possibility of premature live birth. Also, the neurologist’s opinion of the high risk for the patient for induction of labour and neurological complications in the newborn which may lead to long-term disability. The minor’s advocate Ashley Cusher argued that the board’s collective opinion was that the pregnancy could be terminated. He said “If the pregnancy is continued till full term, the victim child will have to undergo agony.” Cusher said her decision should be taken into consideration. The State’s advocate M P Thakur said the girl’s pregnancy is at an advanced stage and should not be terminated. The board had indicated that there would be a risk to the child if born alive. She said after delivery the child may be given in adoption if the parties consent.
“Considering aforesaid circumstances, we do not find it fit to terminate the pregnancy of the victim. After full-time delivery, adequate measures can be adopted with the consent of the victim and her parents for taking care of the baby,’’ the judges said. They allowed the mother to move HC in case of “any difficulty post-delivery.”