The Bombay High Court allowed a 12-year-old rape survivor to terminate her pregnancy, stating that her welfare and safety were of the utmost importance.
A vacation bench comprising Justices Sandeep Marne and Neela Gokhale reviewed the medical board’s report recommending the termination of the 25-week pregnancy.
“Bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance and her safety,” the bench stated.
Raped by her Own Brother
The girl’s 14-year-old brother allegedly raped her, and a case has been filed against him, according to the girl’s mother’s plea in the high court.
Earlier this month, the girl complained to her mother about a stomach ache, and when she was taken to the hospital, the pregnancy was discovered.
The girl then revealed that her elder brother would force her into a physical relationship when no one was present.
He also threatened her with severe consequences.
Complaint Filed by Victim’s Mother
Following the mother’s complaint, a FIR was filed against the son under the Indian Penal Code and the Protection of Children Against Sexual Offences (POCSO) Act, and he was placed in a juvenile home.
The bench stated in its order that the girl was unaware of her pregnancy until a very late stage.
“The medical board has clearly opined that the pregnancy will have grievous injury to the mental and physical health of the patient if continued,” it stated.
On the mother’s complaint, a FIR was registered under the Indian Penal Code (IPC).
The bench ruled that after the termination procedure, the hospital must counsel the girl.
It also directed hospital authorities to preserve the appropriate foetal tissue sample and DNA sample and forward them to the investigating officer for the upcoming criminal trial.
