Hyderabad, the Telangana High Court allowed a 12-year-old girl, a rape survivor, to abort a 26-week fetus and accordingly ordered the superintendent of the state-run Gandhi Hospital to terminate the pregnancy.
The court also ordered that the termination of pregnancy or surgical procedure, as the case may be, will be carried out by a senior gynecologist of the hospital and tissue and blood samples of the fetus will be taken for DNA and other tests.
"If the victim or her mother consents to termination of pregnancy by medical procedure, the respondent No. 4, Superintendent of Gandhi Hospital, Hyderabad, shall immediately admit the victim, conduct a medical examination and, taking all necessary precautions , shall terminate the pregnancy of the victim girl medically or by surgical procedure as necessary, within 48 hours," Justice B. Vijaysen Reddy said in his orders on Friday.
Earlier, doctors at Gandhi Hospital informed the mother of the victim (petitioner) that since the girl had progressed her pregnancy beyond 24 weeks, the pregnancy cannot be terminated under the provisions of the Medical Termination of Pregnancy Act ( Amendment) of 2021, which led her to approach. Court.
Justice Reddy on Thursday directed the superintendent of Gandhi Hospital to constitute a medical board and examine the victim girl with regard to the gestation period of her fetus, feasibility of terminating the pregnancy and submit a report to this court in a sealed cover without reveal the identity of the woman.
Vasudha Nagaraj, counsel for the petitioner, argued that the victim was sexually abused and raped by several persons and if she is forced to continue the pregnancy, it will cause her mental anguish.
He also put forward his argument by saying that not only the victim but also the child born will face physical and mental trauma; Furthermore, there is no guarantee that the mother and fetus will be in good health if the pregnancy continues and the baby is eventually born.
The court also ordered that the termination of pregnancy or surgical procedure, as the case may be, will be carried out by a senior gynecologist of the hospital and tissue and blood samples of the fetus will be taken for DNA and other tests.
"If the victim or her mother consents to termination of pregnancy by medical procedure, the respondent No. 4, Superintendent of Gandhi Hospital, Hyderabad, shall immediately admit the victim, conduct a medical examination and, taking all necessary precautions , shall terminate the pregnancy of the victim girl medically or by surgical procedure as necessary, within 48 hours," Justice B. Vijaysen Reddy said in his orders on Friday.
Earlier, doctors at Gandhi Hospital informed the mother of the victim (petitioner) that since the girl had progressed her pregnancy beyond 24 weeks, the pregnancy cannot be terminated under the provisions of the Medical Termination of Pregnancy Act ( Amendment) of 2021, which led her to approach. Court.
Justice Reddy on Thursday directed the superintendent of Gandhi Hospital to constitute a medical board and examine the victim girl with regard to the gestation period of her fetus, feasibility of terminating the pregnancy and submit a report to this court in a sealed cover without reveal the identity of the woman.
Vasudha Nagaraj, counsel for the petitioner, argued that the victim was sexually abused and raped by several persons and if she is forced to continue the pregnancy, it will cause her mental anguish.
He also put forward his argument by saying that not only the victim but also the child born will face physical and mental trauma; Furthermore, there is no guarantee that the mother and fetus will be in good health if the pregnancy continues and the baby is eventually born.
