Bengaluru: The Karnataka High Court has allowed the medical termination of a 13-year-old rape victim’s 2-week pregnancy. Justice M. Nagaprasanna granted the order after the victim’s counsel informed the court that the girl is a minor and, according to her school certificate and a scan report issued by a radiologist, she is 25 weeks pregnant.
The government advocate argued that the procedure must be carried out as per the Medical Termination of Pregnancy Rules, 1971, citing interim directions made by the HC in a similar case.
The procedure must be performed and the State will have to bear the expenses. Additionally, it stated that the victim, who is also the petitioner, should not be liable for covering the cost of the procedure.
The court also made it clear that the doctor doing the procedure must conduct a further examination before performing a pregnancy termination. The court further stated that the doctor must make a final decision on doing the procedure if he believes that it may harm or injure the victim’s life.
The court also said that the hospital must keep the foetus for DNA testing if the doctor orders it. The court mandated that the hospital send a tissue sample from the foetus to the Central Forensic Testing Laboratory in Hyderabad or Bengaluru for DNA testing.
The court further ordered the local police inspector to set up the necessary transport arrangements for the petitioner and any close family members or attendants to be transported from their home to the hospital for treatment and then be dropped off again after the treatment.
The local Police Inspector should make the necessary arrangements as and when needed, and the state will be responsible for the expense if the doctor recommends any follow-up treatment, said the court.
