Mumbai: The Bombay High Court on Tuesday permitted a 13-year-old girl, raped by her father, to terminate her 24-week pregnancy after noting that continuing with the condition would be physically and mentally stressful for the victim.
A division bench of Justices Nitin Jamdar and NR Borkar allowed a petition filed by the minor's mother seeking permission to terminate the pregnancy.
As per the petition, the victim was raped by her father while she was staying at her aunt's home in neighbouring Thane district.
The girl confided in her aunt and mother on May 14, following which a FIR was lodged against the accused father. When the victim was taken for a medical check-up, she was found to be pregnant.
As per provisions of the Medical Termination of Pregnancy Act, abortion beyond 20-weeks of pregnancy can be performed only with the high court's permission.
The high court had last week directed for a medical board to be set up at the state-run J J Hospital in south Mumbai to examine the victim and submit its report.
"Having considered the opinion of the medical board, the continuation of the pregnancy would be a physical and mental stressful for the minor mother. Considering the circumstances leading to the pregnancy, it would be necessary to permit medical termination of pregnancy," the court said.
The bench said since the FIR has been filed, the tissues and blood sample of the foetus will be preserved for requisite medical tests, including DNA tests, against the accused during the trial.
