Nagpur: The Nagpur bench of Bombay High Court on Wednesday permitted the medical termination of a 27-week pregnancy of a 16-year-old rape survivor from Amravati district, holding that provisions of the Medical Termination of Pregnancy (MTP) Act, 1971, entitled her to relief after a medical board found her fit to undergo the procedure with moderate risk.A division bench of Justices Anil Kilor and Raj Wakode allowed the petition filed by the minor through her father, directing the termination be carried out immediately in accordance with provisions of the MTP Act after following precautions recommended by the medical board and obtaining her father’s consent.The petitioner, a Class 12 student, told the court through counsel Sweety Bhatia that she belonged to an economically weak family and became pregnant after being sexually assaulted.As per the petition, an FIR was registered on July 2 at Mangrul Dastgir police station in Amravati (Rural) against the accused under provisions of Bharatiya Nyaya Sanhita and Protection of Children from Sexual Offences (POCSO) Act, 2012.The court, on July 6, referred the girl to the seven-member medical board at the District Govt General Hospital (Irwin Hospital), Amravati, directing it to examine her and submit a report on her medical condition and suitability for termination of pregnancy.The board examined the petitioner and submitted its report on July 7. It found the pregnancy was approximately 24 weeks and three days by ultrasonography and about 28 weeks by date. The board concluded the girl was physically and mentally fit to undergo the medical termination of pregnancy with “due moderate risk” and recommended that blood products be kept ready during and after the procedure as a precaution.Relying on the board’s opinion, the judges observed that Section 3(2) of MTP Act presumes that pregnancy from rape causes “grave injury to the mental health” of the pregnant woman.“In view of the report submitted by the competent medical board, we approve the termination of the unwanted pregnancy of 27 weeks immediately,” the bench ordered.Before disposing of the petition, the court directed that the procedure be conducted after following medical precautions suggested by the board and after recording the consent of the petitioner’s father.
