Bombay HC allows 12-yr-old rape survivor's pregnancy termination
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Mumbai: Noting that the welfare and safety of a 12-year-old rape survivor was of paramount importance, the Bombay High Court allowed to terminate her 25-week pregnancy on Monday, PTI reported.
A vacation bench of Justices Sandeep Marne and Neela Gokhale perused the report submitted by the medical board recommending termination.
"Bearing in mind the exigencies of the situation, the welfare of the minor, which is of paramount importance and her safety," the bench said.
The girl was allegedly raped by her 14-year-old brother, and a case has been registered against him, as per the plea filed by the girl's mother in the high court.
Earlier this month, the girl complained of stomach ache to her mother, and when she was taken to the hospital, the pregnancy came to light.
The girl then revealed that her elder brother would forcefully establish a physical relationship with her when no one was at home.
He also threatened her with dire consequences.
On the mother's complaint, an FIR was registered under the Indian Penal Code and Protection of Children Against Sexual Offences (POCSO) Act against the son, and he was sent to a juvenile home.
The bench, in its order, said the girl was unaware of the fact that she was pregnant until a very late stage.
"The medical board has clearly opined that the pregnancy will have a grievous injury to the mental and physical health of the patient if continued," it said.
The bench said that after the termination procedure, the hospital should provide the girl counselling.
The court then directed the hospital authorities to preserve the appropriate tissue sample of the foetus and DNA sample and forward them to the investigating officer for criminal trial.