Bengaluru, Nov 26th : , In a major decision, Karnataka High Court allowed termination of pregnancy for a minor girl who was a victim of rape.The court also directed the District Civil Hospital in order to provide 25-week abortion. After the doctors and the district hospital refused to terminate the pregnancy, the rape survivor approached the court.The law does not allow for termination of pregnancy beyond 24 weeks.
The Medical Termination of Pregnancy Act 1971 sets the 24-week limit.In her petition, the girl stated that she could not be forced to bear the burden of a crime or give birth to a child she conceived against her will.
Justice N.S.headed the Dharwad High Court bench.Sanjay Gowda sought the medical board’s opinion.
The medical board ruled that it was a high-risk pregnancy case for both the girl and the baby, as the petitioner girl is only 16.The board also stated that allowing pregnancy would have a negative impact on the girl’s mental health.
The bench ruled that the district hospital should immediately perform an abortion on Thursday, considering the opinion.The bench emphasized that the girl has a sacred right to her bodily integrity being protected.
A woman being forced to bear an unwelcome intrusion in her body would be a violation of the fundamental right to personal liberty guaranteed by the constitution.
The bench also emphasized that the right of a woman’s reproductive choice is a dimension of personal freedom under Article 21 of Constitution of India.
The bench also noted that the consequences of continuing the pregnancy would be severe, and detrimental to a dignified lifestyle as contemplated by Article 21 of the constitution.
A father-son duo raped the minor girl on February 8, 2021.
The case is under investigation by the Belagavi police.
mka/dpb #Ktaka #directs #survivors #pregnancy
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