The Bombay High Court has called for a report from the medical board of JJ Hospital on a petition by a mother seeking medical termination of pregnancy (MTP) of her 12-year-old daughter after she was sexually assaulted by her elder brother, 14.
The mother approached the high court seeking permission for MTP as the daughter is more than 25-week pregnant. The legal limit for MTP, without court permission, is 24-weeks.
Advocate Ashley Cusher, appearing for the mother, submitted that the daughter complained of a stomach ache on May 2. She was taken to a local health centre, where the doctor suspected her pregnancy. The same was confirmed by tests.
Legal Response And Medical Concerns In Sexual Assault Case Involving Minor
The girl then told her mother that from October, when no one was at home, the elder brother used to forcefully establish physical relationship with her. He threatened her with dire consequences in case revealed it to anyone. The mother then lodged a complaint with the police under IPC and POCSO against the son. He was sent to a juvenile home the same day.
The girl was produced before the Child Welfare Committee, Palghar, the next day which then sent her to a rescue home. Her tests at JJ Hospital on May 4 revealed that she is 24 weeks and 5 days pregnant.
The petition contends that the doctors have opined that there would be major complications in the growth of the foetus in the minor’s womb and it would endanger both lives. Also, continuation of pregnancy till normal tenure would endanger the girl’s physical and mental health besides causing more risk to her life.
Mother's Plea For Daughter's Well-being In Underage Pregnancy Case
Pleading that she wants her daughter to lead a normal life without any complications and medical problems, the mother has said that 12-13 was no age to reproduce a child. “The mere age of twelve to thirteen is not appropriate to reproduce a child..,” the petition reads, adding, “The minor girl has a right to study and make a career but due to this pregnancy it will be impossible for the minor girl/victim to even get educated.”
A bench of Justices Revati Mohite-Dere and Manjusha Deshpande has asked the medical board to examine the girl and submit a report before the court on May 13.
