Madhya Pradesh HC Permits Termination Of 8 Weeks Pregnancy Of A Minor Girl; Directs Filing Of Affidavit Confirming Rape Allegations
The Madhya Pradesh High Court granted permission for the medical termination of an 8-week pregnancy of a 17-year-old minor girl.
The Court directed the petitioner's father to submit an affidavit confirming his minor daughter was raped which led to the pregnancy in the first place and so that they “would not resile from their statement even during the trial.”
A Single Bench of Justice Gurpal Singh Ahluwalia directed the Trial Court to “submit its report before Registrar General of this Court along with deposition sheet of prosecutrix in case if she turns hostile and claims that no rape was committed by accused Kapil Lodhi or she claims herself to be major.”
Advocate Vijay Shukla represented the petitioner, while Government Advocate K.S. Baghel appeared for the respondents.
The termination of pregnancy was prayed for on the grounds that the petitioner was a minor and that her pregnancy would not be in her best interest or that of the child. The Court noted that “This Court is dealing with the case of a child aged about 17 years, who is carrying a child of a rapist and father of the prosecutrix does not want that prosecutrix should give birth to the child of a rapist. Not only this, the child will also have social stigma throughout her life and the girl, who is 17 years of age, has to deliver a child which will certainly result in life threat to the pregnant minor girl.”
The Court considered the medical report submitted by the petitioner which suggested that the termination was possible and observed “this Court is of the opinion that the prayer made by petitioner and her father deserves to be allowed.”
Subsequently, the High Court allowed the writ petition.
Cause Title: A Minor Girl v. State of Madhya Pradesh & Ors.
