Taking the medical report into consideration, the bench said, "Pregnancy is 32 weeks old. It's a grave risk for 10-year-old girl. It's not an early pregnancy."

SC refuses to allow 10-year-old pregnant rape victim to undergo abortionPTI/ file image
news Law Friday, July 28, 2017 - 16:44
Written by  IANS

The Supreme Court on Friday refused to allow a 10-year-old rape victim, who is 32 weeks pregnant, to undergo an abortion due to health issues.

A division bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud turned down the plea to terminate the child's pregnancy after a medical board, set up to examine the pregnant child, submitted its report.

Chandigarh's Postgraduate Institute of Medical Education and Research (PGIMER) submitted its report to the court, noting that continuing with pregnancy would be good for the child and abortion would risk her life.

Taking the report into consideration, the bench said: "Pregnancy is 32 weeks old. It's a grave risk for 10-year-old girl. It's not an early pregnancy.

"In view of the recommendation of made by medical board we are satisfied it would not be in the interest of girl and brighter to foetus who is 32 weeks old. We decline to terminate pregnancy." 

The court had ordered a medical board be set up to examine the girl and ascertain the extent of risk to her life if the court was to allow an abortion.

The order came on a PIL by advocate Alok Srivastava who moved the top court after a plea for the medical termination of pregnancy was refused by a district court in Chandigarh on July 18.

Rejecting the plea to terminate the pregnancy of the child, the apex court, however, said that "girl child should be given due medical care".

It also said that it would be open to doctors to evaluate the best operating mode in deciding the delivery of baby.

Srivastava's plea has also sought framing of guidelines for setting up of medical boards in every district for an expeditious examination of cases necessitating abortions in incidents of child rape victims.

As lots of similar cases are coming before this court, the bench asked the Central government to have permanent medical board in states so that in first step, the child can be taken there.

The petitioner has also sought amendment of Section 3 of the Medical Termination of Pregnancy Act, 1971, which prohibits termination of pregnancy beyond 20 weeks.

The top court had on July 3 allowed a Kolkata woman who was 26 weeks pregnant to abort the foetus suffering from serious abnormalities following a report from the city's premier SSKM Hospital.