The Rajasthan High Court has granted permission for a 13-year-old rape victim to undergo an abortion, considering her mental and physical well-being. The court also directed that the procedure should not negatively impact the child's mental state.
Jaipur: The Rajasthan High Court prioritized the mental and physical health of a 13-year-old minor rape victim while granting permission for an abortion. A medical board report indicated the pregnancy was over 27 weeks, and the parents were aware of the potential risks. The court clarified that continuing the unwanted pregnancy could severely impact the victim's mental health, thus granting relief beyond the MTP Act, 2021.
Decision Based on Medical Board Recommendation
The medical board's report stated the pregnancy was over 27 weeks, and the parents were fully aware of the potential risks. The board recommended the abortion, which the High Court subsequently approved. The court stated that forcing the victim to continue the unwanted pregnancy could severely impact her mental and social life. The court acknowledged that in such circumstances, the victim could be granted relief beyond the Medical Termination of Pregnancy (MTP) Act, 2021.
Order for DNA Test
The High Court directed the Jaipur women's hospital to make proper arrangements for the abortion. Furthermore, if the fetus survives, it should receive medical care and support at government expense. If the fetus does not survive, a DNA test should be conducted to assist in the investigation of the crime.
This decision reflects the judiciary's sensitivity and humane approach, prioritizing the victim's future and mental state. It also signals a commitment to taking concrete steps to ensure the perpetrators are punished.
