The victim, belonging to a Scheduled Tribe community, was repeatedly raped last year by a local youth. Due to threats, she did not disclose the crime until her deteriorating health led her mother to seek medical help.
A 13-year-old rape survivor was on Monday allowed to medically terminate her over 27-week pregnancy immediately. The Odisha High Court in its order recognised the grave risk the pregnancy posed to her life and well-being. The minor, a resident of Kandhamal district, suffers from sickle cell anaemia and epilepsy, conditions that significantly increase the dangers associated with childbirth.
The victim, belonging to a Scheduled Tribe community, was repeatedly raped last year by a local youth. Due to threats, she did not disclose the crime until her deteriorating health led her mother to seek medical help.
It was then revealed that she is over six weeks pregnant, surpassing the 24-week limit set under the Medical Termination of Pregnancy (MTP) Act. Following an FIR lodged on February 11, the victim underwent a medical examination, confirming the pregnancy and associated health risks.
The case was subsequently brought before the Orissa High Court, where her father sought permission for abortion, citing the life-threatening complications posed by the pregnancy.
Carrying the pregnancy would severely endanger minor’s health
The Medical Termination of Pregnancy (MTP) Act also allows abortion of pregnancy beyond 24 weeks for certain categories including minors and rape victims. The court, in its order last month had directed MKCG Medical College and Hospital at Berhampur to convene a Medical Board to assess her condition.
The Board determined that carrying the pregnancy to term would severely endanger the minor’s physical and mental health. In light of this report, the state government raised no objections to the petition, arguing that forcing the child to give birth would amount to violation of her fundamental rights under Article 21 of the Constitution.
While delivering the judgment, Justice S K Panigrahi emphasised the importance of bodily autonomy and reproductive rights, noting that the minor, though unable to make an informed choice herself, was represented by her legal guardians.
The court also criticised unnecessary judicial delays in such cases, stressing the need for streamlined process for medical terminations in similar circumstances.
(With PTI inputs)