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Bombay HC Declines Plea To Terminate Rape Victim's Pregnancy

Nitish Kashyap
14 Jun 2017 5:32 PM GMT
Bombay HC Declines Plea To Terminate Rape Victim
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The Bombay High Court has refused relief to a 26-week pregnant rape victim seeking permission for termination of pregnancy.

The 18-year-old girl’s father had filed a petition seeking relief and contended that his daughter was kidnapped by a boy living in the same neighbourhood.

Thereafter, the girl was taken to an unknown location and was forcefully raped. He contended that the girl was only 17 at the time.

According to the petitioner, his daughter did not return from school on June 26, 2016, and the very next day a complaint was filed before the Pune police.

However, it was the petitioner’s contention that due to inadequate investigation carried out by the police, it took them eight months to find his daughter. By this time, the boy had already forcefully married the girl.

A division bench of Justice Ranjit More and Justice Sarang Kotwal said the Medical Termination of Pregnancy Act does not permit termination of a fetus older than 20 weeks, therefore, permission cannot be granted, so, if the girl wishes to apply for compensation she may file a separate petition in this regard.

The girl’s father had also contended that his daughter is neither mentally nor physically in a condition to give birth to a newborn and that pregnancy at a young age can have an adverse impact on her mental health.

However, the court refused relief and the girl’s father had to withdraw his petition.

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