Justice B. Vijaysen Reddy directed the hospital to constitute a medical board to look into the case. The Board stated that the termination was possible.
The Telangana High Court has taken a compassionate stance in a case involving a minor rape survivor. The girl was gang-raped allegedly by 10 individuals. The victim found herself pregnant at five months. Her mother, a domestic worker, found no way out of the sordid ordeal. She sought help from the Court after Gandhi Hospital doctors refused to terminate the pregnancy.
In response, Justice B. Vijaysen Reddy directed the hospital to constitute a medical board to look into the case. He wanted the board to assess the scope for terminating the pregnancy. The medical board examined the minor girl and submitted a report. It stated that the termination was possible. Consequently, the High Court allowed the abortion. It emphasized that the life of the unborn child cannot be prioritized over that of the minor mother.
This decision aligns with the Medical Termination of Pregnancy Act and recognizes the court’s authority to intervene in such cases. In a similar verdict, the Rajasthan High Court allowed medical termination of 28-week pregnancy of another rape survivor in two months ago. In another case involving a 17 year old rape victim, the Gujarat High Court refused to allow the termination of over 31-week pregnancy in view of the MTP Board’s opinion that that termination of pregnancy is not advisable. The court directed the state government to take necessary steps to extend all the facilities to the victim available as per the policies.
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