The Supreme Court on Tuesday faced a difficult situation over the plea for termination of an over-24-week foetus of a 14-year-old rape victim, as it found itself bound by a law which rules out abortion in cases where pregnancy has crossed 20 weeks.
The court, however, told a panel of doctors to examine if there was danger to the life of the victim in case her pregnancy was not terminated. The girl conceived following rape by a doctor.
A bench of Justices Anil R Dave and Kurian Joseph found themselves in a Catch-22 situation after the victim’s parents sought permission for abortion in view of consequent hazard to her physical and mental health, while the Medical Termination of Pregnancy (MTP) Act, 1971, puts a 20-week legal limit for abortion.
“We can't interpret the law in this manner. Had I been a 14-year-old girl, I would not have liked to carry the child,” said Justice Dave after advocate Kamini Jaiswal, representing the class IX student’s parents, sought permission for abortion.
She contended that the girl was the victim of a sex crime and her mental health, emotional and physical well-being would be threatened if she was forced to bear the child.
Justice Joseph, on his part, asked, “What would happen to the life of the child whose limbs might have developed by now? Will the abortion now be of any help to her?”
High court ruling
That’s why the Gujarat High Court (HC) told her to give birth and hand over the child for adoption if she was not willing to take care of the baby, he pointed out.
The HC had, on July 23, directed the state authorities to provide the girl proper diet, medical supervision and medicine to ensure she gave birth.
It also ordered them to ensure that the child was put up for adoption if she was not willing to bring him or her up.
Representing the girl’s parents, who are from the Sabarkantha district, Jaiswal contended that the HC did not consider properly the law wherein permission could be accorded for abortion if the prospective mother faced danger to not only physical but also mental health.
The bench referred the girl to Ahmedabad’s Civil Hospital for examination by a panel of four doctors, who would decide the fate of her foetus.
The court also directed for preserving the DNA of the foetus, which could be used as evidence during the trial of the doctor who allegedly committed the rape in February. It also issued notice to the Centre and others on a plea seeking interpretation of the MTP Act.
(Published 28 July 2015, 20:13 IST)