SC permits 2 minor rape survivors to end pregnancy

The Supreme Court on Thursday allowed two teenage rape survivors — one from Bengaluru and another from Delhi — to terminate their 20-week pregnancies.

It also directed for preserving the foetuses for DNA testing as part of the investigation into the criminal cases lodged by the victims. The court passed its order as the Medical Termination of Pregnancy Act, 1971 prohibits the abortion of a foetus beyond 20 weeks.

A three-judge bench headed by Chief Justice Dipak Misra granted permission to the 17-year-old from Bengaluru, relying upon a medical board report given by the Bangalore Medical College and Research Institute (BMCRI). The report said that there was no risk to the girl in terminating her over 25-week pregnancy.

The girl, who had approached the apex court on September 18, was examined by the medical board on Wednesday. The court allowed an appeal against the August 31 order of the Karnataka High Court. The high court had gone by the medical opinion tendered by Vani Vilas Hospital on August 28, pointing towards “risks and complications inherent to the second trimester of medical termination of pregnancy”. Another opinion by experts from M S Ramaiah Medical College saw no risk in continuing the pregnancy.

Going by the report, the apex court ordered the state authorities to take the girl to BMCRI on Friday and abort the foetus. “We may hasten to add that we passed the order keeping in mind the medical board report. The doctors shall adhere to every other aspect in carrying out the procedure,” the bench, also comprising Justices Amitava Roy and A M Khanwilkar, said.

On a plea by advocate Nikhil Nayyar that the victim was an abandoned child and was being looked after in a child care home, the court directed the Karnataka government to bear all her medical expenses.