Would Be Just, Legal, And Appropriate: Allahabad HC Allows Minor To Terminate Pregnancy At 25 Weeks
The Allahabad High Court after receiving report from Department of Medicine, Aligarh Muslim University has allowed the minor to terminate her pregnancy and directed the medical authorities to assist in the same.
This comes in the background of the ongoing case wherein the High Court was hearing a petition to allow the minor to terminate her pregnancy. The minor was disabled and could not speak, or hear. She was raped by her neighbor. Any pregnancy after 24 weeks requires the approval of Court to proceed further.
The Division Bench headed by Justice Mahesh Chandra Tripathi and Justice Prashant Kumar stated that “Considering the facts and circumstances and the medical report, it would be "just, legal and appropriate" to order termination of pregnancy of the petitioner after considering the medical evidence on record.”
The Court further added that “We have occasion to peruse the report of the Medical Board of the Medical College along with opinion of a panel of seven doctors and find that the panel of seven doctors have opined that continuation of pregnancy poses a greater risk to her physical and mental health due to her tender age of 12 years. The termination of pregnancy has its own risk like operative interference (hystrotomy), bleeding, sepsis, post traumatic stress disorder etc. and hence, it is feasible to abort the foetus.”
On the previous date, the Court had directed the Medical Department of Aligarh Muslim University to prepare a report on the viability of terminating the child of the victim. The Medical Department through its counsel submitted the report in a sealed cover to the High Court.
After examining the contents of the sealed report which contained medical advise suggested by the doctors, the Court said that “Accordingly, we allow the victim to undergo medical termination of her 25 weeks pregnancy at the earliest with due care and precautions. The District Magistrate, Bulandshahar is directed to ensure that the petitioner alongwith her mother may report to Jawahar Lal Medical College, Aligarh tomorrow i.e. 13.07.2023 at 10 AM. We also direct the Principal of the Medical College to ensure the termination of pregnancy of the petitioner and the said exercise is to be carried out in presence of Head of Department of Obs & Gynae of the Medical College. We further direct to the Principal of the Medical College to provide adequate post operational medical facilities to the victim free of cost and submit a report within three days so that the Court may proceed further in the matter.”
Accordingly, the High Court kept the next date of hearing on July 17, 2023, along with medical report of the Petitioner.
Cause Title: Ms. X v. State of U.P and Ors.