Telangana HC allows 12-year-old rape victim to undergo abortion of 26-week foetus

Hyderabad: The Telangana High Court has allowed a 12-year-old girl, a rape survivor, to abort a 26-week foetus and accordingly directed the Superintendent of state-run Gandhi Hospital to terminate the pregnancy.

The court also ordered that the termination of pregnancy or surgical procedure, as the case may be, shall be performed by a senior most gynaecologist of the hospital and collect the tissue and blood samples of the foetus for conducting DNA and other tests.

"If the victim girl or her mother gives consent for termination of pregnancy through medical procedure, respondent No.4 - the Superintendent, Gandhi Hospital, Hyderabad, shall forthwith admit the victim girl, conduct medical examination and by taking all necessary precautions, terminate pregnancy of victim girl medically or through surgical procedure as may be required, within 48 hours," Justice B Vijaysen Reddy said in his orders on Friday.

Earlier, the doctors at the Gandhi Hospital informed the victim's mother (petitioner) that since the girl had advanced pregnancy beyond 24 weeks, the same cannot be terminated under the provisions of the Medical Termination of Pregnancy (Amendment) Act 2021, prompting her to approach the court.

Justice Reddy on Thursday directed the Gandhi Hospital Superintendent to constitute a medical board and examine the victim girl with regard to the gestation period of her foetus, feasibility to terminate the pregnancy and submit a report to this court in a sealed cover without disclosing the identity of the girl.

Vasudha Nagaraj, counsel for the petitioner argued that the victim was sexually abused and raped by several persons and if she is made to continue with the pregnancy, it will cause mental anguish to her.

She also put forth her argument saying that it is not only the victim, but also the child born will face physical and mental trauma; further, there is no guarantee that the mother and foetus will have good health if the pregnancy is continued and eventually the baby is delivered.