The Rajasthan High Court on Monday has declined a plea of an 11-years-old rape survivor to terminate her 31-week pregnancy, stating that a fully developed foetus also has the right to life & live a healthy life without any abnormalities.
The court observed that any attempt to terminate the pregnancy at this advanced stage is likely to lead to a premature delivery and the same may affect the neurotic development of the unborn child.
The survivor was allegedly raped by her father and filed the plea through her maternal uncle. The plea stated that the girl doesn’t wish to give birth to such a child as it would be a constant reminder of the atrocities committed on her and would not be good for her mental health and social well-being.
A bench of Justice Anoop Kumar Dhand, in the order stated that delay by the child in approaching the court has only further aggravated the said aspect of pregnancy termination.
There is no material available on the record on the basis of which this court may differ with the opinion expressed by the medical board.
The court order stated, “The medical board is in the opinion that abortion at such an advanced stage would endanger her life. The court observed that any attempt of termination of pregnancy at this advanced stage is likely to lead to a premature delivery and the same may affect the neurotic development of the unborn child. The fully developed foetus also has the right to life under Article 21 of the Constitution of India to enter in this world and live a healthy life without any abnormalities.”
The victim’s lawyer Fatehchand Saini said that the FIR was lodged by her maternal uncle against the child’s father under sections of IPC Section 376 (rape) and sections of POCSO Act.
The victim’s father is an alcoholic while mother is mentally challenged.
According to the plea, the girl’s father earlier this month left the daughter at the house of her maternal uncle who lodged an FIR on the survivor’s behalf. A case has been registered in the matter at the Shahpura police station in Jaipur Rural.
