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Tuesday 29 July 2014
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HC allows rape victim to abort, asks AIIMS to preserve foetus

New Delhi, Mar 24 (PTI)

A woman, who had alleged that she was raped and had consequently conceived, was allowed to abort the baby by the Delhi High Court which termed it as "extremely traumatic" and asked AIIMS to preserve the foetus for conducting DNA test.

"To carry a child in her womb by a woman as a result of conception through an act of rape is extremely traumatic, humiliating and psychologically devastating," Justice S P Garg said, while allowing the plea of the 22-year-old woman seeking permission to terminate the forced pregnancy.

The woman lodged an FIR against one Kapil alleging that he had established physical relations with her on the false promise of marriage. He had also concealed the fact that he was a married man, the woman had alleged.


Allowing her plea, the court said, "X (the victim) hails from the poor strata of the society and is likely to face innumerable mental, physical, social and economical problems in future. There are no reasons to prevent her not to exercise her option voluntarily in her interest.

"...the petition is allowed with the direction to the SHO of the concerned police station or any other responsible police officer with lady police officer to accompany the complainant 'X' and produce her before Medical Superintendent, AIIMS within three days to get her pregnancy terminated where Board of two medical practitioners would be constituted by the Medical Superintendent on that day itself.

"They shall preserve the foetus and DNA test will be conducted thereupon and its report shall be produced before the Trial Court at the earliest."

The court also said the girl "be provided proper medicine, diet and nutritious food as may be necessary for her health."

It was said in the plea that the girl was "unable to carry the pregnancy to full term due to social stigma as she is victim of rape."

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