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SC orders immediate medical check-up of 14-yr-old rape survivor seeking to terminate 28-week pregnancy

In a special evening hearing on Friday, after 4 pm, a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala directed for her examination including the possible impact of pregnancy on her mental and physical health.

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New Delhi: The Supreme Court on Friday ordered immediate medical examination of 14-year-old rape survivor who sought a direction to terminate her 28-week pregnancy.

In a special evening hearing on Friday, after 4 pm, a bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala directed for her examination including the possible impact of pregnancy on her mental and physical health.

The bench decided to consider the matter on Monday.

The court was informed that the Bombay High Court had on April 4 rejected the plea filed by the mother of the minor.

After her dismissal of the plea, she moved the apex court seeking termination of her daughter's pregnancy. It is alleged that the minor girl was subjected to sexual assault, following which she got pregnant and an FIR was also lodged in this regard.

Additional Solicitor General Aishwarya Bhati submitted that it is necessary for the court to be apprised of the impact of carrying out the pregnancy of the minor on her physical and mental health.

"The victim girl should be examined by the hospital at Sion Hospital on April, 20. We request the counsel of state of Maharashtra to arrange for to and fro transportation of the petitioner and daughter to the hospital. The report of the hospital shall be placed before this court on 10:30 AM on Monday," the top court said.

The court noted that in rejecting the medical termination of pregnancy of the girl, the HC had relied on the opinion of the medical board.

The petitioner's counsel, however, stated that the medical opinion was prepared without examining her daughter.

As the medical report did not contain the impact of physical and mental status of the pregnancy on the minor, the top court said that it was necessary that this court should be apprised about it.

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Published 19 April 2024, 16:29 IST

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