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Teen rape survivor can terminate 27-week pregnancy, says High Court

Teen rape survivor can terminate 27-week pregnancy, says High Court

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MUMBAI: Bombay high court has allowed a 15-year-old rape survivor who is going to take her Class 10 SSC board exams in March to undergo medical termination of an over-27-week pregnancy. Justices Revati Mohite Dere and Sandesh Patil on Thursday passed the direction on the girl’s petition, filed through her father, seeking HC’s permission as she is beyond the 24-week permissible limit under the Medical Termination of Pregnancy Act, 1971. On Oct 31, the vacation court directed the JJ Hospital dean to constitute a medical board to examine her and submit a report. Other directions included necessary medical facilities in the event the child is born alive and state govt to process compensation under Manodhairya Scheme. The board’s report said she was “27 weeks and four days” pregnant and there was “no gross lethal congenital anomaly”. The board opined that “the continuation of pregnancy would result in grave anguish to the girl while continuing the unwanted pregnancy”. The judges were informed by advocate Swapana Kode that the girl wanted to appear for her exams in March 2026. They also took note of the psychiatrist’s opinion that she was subjected to non-consensual sexual intercourse by her neighbour, and that she would not be able to take care of the baby emotionally, financially and socially. It stated that she was borderline intellectual functioning and continuation of pregnancy would pose great risk of depression, anxiety, post-traumatic stress and disruption of psychological development. The judges were informed that the girl’s parents were labourers. The high court directed JJ Hospital authorities to “conduct the necessary medical procedure expeditiously, keeping in mind the petitioner’s health and safety”.

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