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Judiciary

SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

By Jhanak Singh      20 April, 2024 11:00 AM      0 Comments
SC orders medical examination of yr old rape survivor seeking to terminate her week pregnancy

NEW DELHI: The Supreme Court on Friday ordered medical examination of 14-year-old rape survivor who sought a direction to terminate her 28-week pregnancy.

In a special evening hearing after 4 pm, a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala directed for her examination including the possible impact of pregnancy on her mental and physical health.

The bench decided to consider the matter on Monday.

The court was informed that the Bombay High Court had on April 4 rejected the plea filed by the mother of the minor.

After her dismissal of the plea, she moved the apex court seeking termination of her daughter's pregnancy. It is alleged that the minor girl was subjected to sexual assault, following which she got pregnant and an FIR was also lodged in this regard.

Additional Solicitor General Aishwarya Bhati submitted it is necessary for the court to be apprised of the impact of carrying out the pregnancy of the minor on her physical and mental health.

She said a striking feature was that prima facie, the medical report doesn't contain an evaluation of the physical and mental status of minor particularly having regard to the background leading to pregnancy, including the alleged sexual assault.

After hearing the counsel for the petitioner, the state government and Bhati, the bench ordered, "The victim girl should be examined by the hospital at Sion Hospital on April 20."

The court also asked the counsel of state of Maharashtra to arrange for to and fro transportation of the petitioner and daughter to the hospital.

"The report of the hospital shall be placed before this court on 10:30 AM on Monday," the bench said.

The court noted that in rejecting the medical termination of pregnancy of the girl, the HC had relied on the opinion of the medical board.

The petitioner's counsel, however, stated that the medical opinion was prepared without examining the girl.

As the medical report did not contain the impact of physical and mental status of the pregnancy on the minor, the top court said that it was necessary that this court should be apprised about it.



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