27-05-2025
HEAD: 27_Che_KS_HC permits termination of 28-week pregnancy for 80% disabled rape survivo
Chennai:
Madras High Court
has permitted the termination of the 28-week pregnancy of an 80% disabled survivor of rape. The court said that although the 24-week limit permissible under the Medical Termination of Pregnancy Rules, 2003, had been crossed, the victim is entitled to medical termination of pregnancy.
In view of the fact that the survivor is 80% disabled, her mother noticed only recently, by which time 24 weeks had elapsed. Therefore, the outer limit of 24 weeks need not be held as a barrier in this case, said Justice D Bharatha Chakravarthy said. The only consideration that must be made is the one suggested by a medical board. If the experts say termination is possible then it shall be done, notwithstanding the rules, the court stated.
The court then directed the Dean of the Government Medical College Hospital, Chengalpet, to constitute a medical board at the earliest to examine all the risk factors and render an opinion. The termination should be performed immediately if that is the expert opinion or if it is not advisable, the petitioner should be informed, the judge added.
The court passed the order on a plea moved by the mother of the victim. According to the petitioner, the victim was affected by chronic neurological conditions, and both her hands and limbs were completely paralysed. As of Oct 6, 2022, a disability certificate stating 80% permanent physical impairment was issued to the victim. On April 10, the petitioner, noting symptoms such as bloating of the stomach, became suspicious.
Upon inquiry, she found out that a neighbour had sexual intercourse with her daughter and threatened to kill her if she revealed it to anyone. MSID:: 121441690 413 |
