HC allows 26-week MTP ofminor incestuous rape survivor

Nagpur: The Nagpur bench of Bombay high court on Friday allowed a 13-year-old incestuous rape survivor to terminate her 26-week pregnancy, citing her mental and physical fitness for the procedure as determined by Govt Medical College and Hospital medical board.The survivor's parents had moved HC on her behalf seeking permission to end the pregnancy resulting from alleged repeated rape by the Class 8 girl's 16-year-old biological brother at a village in Nagpur district. An FIR was registered against the accused brother on Feb 21 at Kalmeshwar police station.
At an urgent hearing on Friday, a bench of Justices Anil Kilor and Raj Wakode, directed GMCH dean to carry out MTP at the earliest, subject to parental consent and adherence to safety protocols. The court also ordered GMCH to conduct a DNA test on the foetus and forward the report to the investigating officer at Kalmeshwar police station to aid the criminal probe.The court's order came after an interim directive a day ago, where it instructed the formation of a medical (MTP) board under the MTP Act, 1971, at GMCH, Nagpur. The board, comprising specialists including a senior anaesthetist, paediatrician, and psychiatrist, examined the girl and submitted a report to the HC in a sealed envelope. The report confirmed the pregnancy as a single live intrauterine gestation of 26 weeks and 6 days, stating that the minor was mentally and physically fit to undergo medical termination of pregnancy. The report also emphasised no significant morbidity risks to the mother and approved the procedure as per guidelines."The MTP Board reviewed all her lab investigations and her ultrasound findings. The MTP Board approved the permission for termination of pregnancy as per the guidelines," the report noted, adding that maternal examinations revealed no major health concerns. The psychiatric evaluation too affirmed the girl's mental stability for the procedure.In its detailed judgment, the HC took note of the girl's age and the incestuous rape, which compounded her trauma. "We allow the petitioner's request to terminate pregnancy," the bench stated.The bench observed that in Indian society, while pregnancies within marriage are celebrated, those from assault are injurious, affecting both physical and mental wellbeing. "This is because such a pregnancy is not a voluntary or mindful pregnancy," the court quoted from a 2022 Supreme Court order, applying it to the minor's case.The court ensured swift action, with assistant govt pleader Hrishikesh Marathe tendering the MTP report during the hearing. Appointed counsel Sweety Bhatia represented the petitioner. The court disposed of the petition without costs. It clarified no direct threat to the girl's or foetus's life but prioritised her well being based on medical approval.