HC allows minor girl to abort 15-week foetus

MADURAI: The

Madurai

bench of the Madras high court has granted permission to a

minor girl

of

Sivaganga

district to abort her 15-week-old foetus after she was allegedly kidnapped and impregnated by a man this year. Justice M.S. Ramesh issued the order after the girl deposed that she wished to continue her education, and after perusing medical reports which stated that she was physically fit for medical termination of pregnancy (MTP).

The girl’s father had moved the court seeking permission to medically terminate the pregnancy of his minor daughter. In his petition, he claimed that the girl was kidnapped but secured by the police who admitted her to a government home. In her statement to the

Karaikudi

judicial magistrate, the girl deposed that the man married her inside a car and had physical relationship with her on several occasions. She also stated that she intended to continue her studies and hence wanted the abortion.

When the petition first came up for hearing, the court sought medical reports to ascertain the status and condition of the foetus. The additional government pleader submitted a report from the department of obstetrics and gynaecology, government medical college, Sivaganga which stated that she was physically fit for MTP. However, the report did not disclose the stage of pregnancy and since laws stated that MTP could be performed if the length of pregnancy exceeded twelve weeks, but did not cross twenty weeks, the court sought a second opinion from the dean of the hospital.

The girl had given statements to the medical officers and police that she did not want to give birth to the child. “There was no valid marriage between the victim girl and the accused. It is her statement that she intends to continue her studies and therefore wants the pregnancy terminated. Taking into account her welfare and inconveniences and embarrassment she might have to face if she gives birth, as well as the status of the child to be born, it would be appropriate to permit her to undergo the medical procedure,” Justice M.S Ramesh observed in the order issued on July 27.