A 13-year-old girl rape survivor has filed a petition in the Bombay High Court seeking permission to terminate her pregnancy.
The matter came up with the bench of Justice SS Kemkar and Justice GS Kulkarni who directed the medical board comprising of experts at KEM hospital to examine her condition and submit a report on whether the termination would be safe.
According to the petition filed by the victim’s father, the girl was repeatedly raped by her own cousin brother who lived in the same house. The parents came to know of her pregnancy on November 7 after the victim complained about abdominal pains and was taken to the doctor.
Thereafter, an FIR was registered on November 17 and a medical test revealed that the victim was 24 weeks pregnant at the time.
In the petition, it is argued that the victim should not be forced to continue with the pregnancy that occurred as a result of rape and forcing her would deprive her of the right of procreation, motherhood and child-bearing, guaranteed under Article 21 of the Constitution.
Counsel for the petitioner, Meenaz Kakalia placed reliance on various orders of the Supreme Court and an order of the High Court in the case of Priti Mahendra Singh Rawala vs Union of India and ors.
The medical board has now been directed to submit its report on December 5.