A man in Jaipur has been taken into custody on accusations of sexually assaulting his 11-year-old daughter over the course of almost a year. At the same time, the Rajasthan High Court has declined the request made by the underage victim to terminate her 32-week pregnancy.
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The Rajasthan High Court, led by Justice Anoop Kumar Dhand, has denied a request for the medical termination of an advanced pregnancy in an 11-year-old rape survivor, emphasizing the right to life of a fully developed fetus as guaranteed under Article 21 of the Constitution.
The court’s decision was influenced by the medical report which stated that the fetus, having developed a fully formed brain, lungs, and a heartbeat, should not be terminated at this advanced stage. The bench at Jaipur highlighted the potential health risks associated with premature birth, including the possibility of the child being born with deformities and the impact on the neurotic development of the unborn child.
Despite pleas from the State and the petitioner for immediate delivery through induced labor, the court rejected this option, citing the risks involved. The court’s order stressed the importance of natural birth under medical supervision, considering the health of both the minor mother and the child.
The court’s ruling also took into account the autonomy of a woman in determining the continuation of her pregnancy. However, it was noted that this autonomy does not override the Medical Board’s opinion against the termination of pregnancy at such an advanced stage.
To ensure the well-being of the minor mother and her unborn child, the court issued several directives. These include admitting the minor to Government Balika Grah for care until she reaches adulthood, provision of a female nursing attendant for safe delivery, and free medical facilities at Mahila Chikitsalaya (Sanganeri Gate) before and after delivery. Post-delivery, the child will be handed over to the Child Welfare Committee, following the necessary legal procedures.
Furthermore, the court mandated the preservation of the fetus’s blood sample, tissue, and cord for DNA analysis in the rape case investigation. The Rajasthan Victim Compensation Scheme, 2011, was invoked to provide appropriate compensation to the victim/survivor. A child protection officer will regularly visit the survivor, with the Jaipur Rural SP overseeing the process for compliance with the court order.
The court also suggested that the survivor could stay at Balika Grah, given her current family situation, and she has the liberty to give her child up for adoption following legal procedures.
Justice Anoop Kumar Dhand referenced similar cases from the Punjab & Haryana High Court and the Supreme Court’s decision in a related matter, where a married woman’s plea for abortion was rejected.
The plea for termination in this case was made by the minor through her maternal uncle, highlighting the trauma and family constraints faced due to the unwanted pregnancy. A medical report revealed that the minor, weighing only 34.32 Kgs and with a deranged liver function test, was in a high-risk category for her pregnancy, making safe medical termination impossible at the advanced gestational period of over 31 weeks.
This ruling underscores the complex interplay between the rights of the unborn child, the health and autonomy of the mother, and the medical and legal considerations in cases of pregnancy resulting from sexual assault.
Case Title:
Victim v. State of Rajasthan & Ors
Case No:
S.B. Civil Writ Petition No. 821/2024
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