Rajasthan HC allows minor survivor to abort 27-week foetus

Jaipur: The Rajasthan High Court has allowed a 13-year-old rape survivor to medically terminate her pregnancy and observed not permitting it would jeopardise her mental health. Justice Sudesh Bansal passed the order on March 10 following a March 8 report of a medical board, which opined the termination of over 27-week pregnancy of the survivor "under high risk consent".

"Since petitioner is a minor girl and a rape victim, her parents are agreeable to give their consent to undergo operation to get terminated the unwanted pregnancy of their daughter under the high risk of her life," the court said.

The high court underlined the possibility of a "grave injury to the mental health of petitioner" which couldn't be "brushed aside" if the unwanted pregnancy was not allowed to be terminated and she was forced to birth the child.

The birth would lead her to "face the agony" her entire life, including maintaining the child and other ancillary and connected issues, the court added.

"Permission to terminate the pregnancy of the rape victim can be granted beyond the prescribed provisions of the Act of 1971, amended act of 2021, considering the peculiar facts and circumstances of individual case," the order said.

The court, as a result, directed the superintendent of Mahila Chikitsalaya, Sanganeri Gate, Jaipur to make appropriate arrangements for the termination of her pregnancy subject to the "consent of high risk by the parents".

In case the foetus was found alive, the court said, the hospital should provide all necessary medical assistance including incubation facility in order to ensure it survived and was raised at the state government's expense.

"In case, the foetus is not found alive, the appropriate steps be taken to preserve evidence for the subsequent DNA test report by drawing tissues from the foetus," it added.

Advocate Soniya Shandilya, who appeared for the petitioner, said the rape case was registered on March 3.