Telangana HC gives govt one week to decide on termination of minor rape victim's 21-week pregnancy
Justice K Sarath gave the order while hearing a petition filed by the NGO Prajwala seeking a court direction for immediate and comprehensive tests to be conducted on the 17-year-old rape victim.
The NGO sought examinations by a qualified surgeon, gynaecologist, and obstetrician, in the presence of a qualified physician to formulate an opinion under the Medical Termination of Pregnancy (MTP) Act 1971. Seeking termination of the pregnancy at the earliest, the NGO said continuation of pregnancy posed a grave risk to the girl's health.
It was submitted that the girl was rescued from a brothel and admitted to Prajwala's home for such victims for rehabilitation on the orders of a court and that during a routine medical checkup, it came to light that she was pregnant. The NGO also stated that the girl wants to end the pregnancy and doesn't want to carry it to term.
Senior advocate Deepak Misra, appearing on behalf of Prajwala, argued that forcing a minor victim of sexual exploitation and trafficking to continue a pregnancy would severely harm her mental health, as per the MTP Act. He stressed that the minor is legally entitled to seek termination of her pregnancy if it poses a serious risk to her physical and mental well-being.
'Under section 3 of the MTP Act, pregnancy can be terminated upto 20 weeks of pregnancy and above 20 weeks, there should be a medical board which should examine and give consent. And section 6 of the MTP Act states that if the person is a minor, sex worker or rape victim, then they can go for termination even after 20 weeks,' the senior advocate said.
He further argued that the minor victim is entitled to seek termination if it causes grave injury to her physical and mental health.
Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context.
Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years.
A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
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