10-Year-Old Rape Survivor Denied Permission to Get an Abortion

Abortion is allowed up to 20 weeks of pregnancy. The 10-year-old rape victim is 26-weeks pregnant.

The minor was raped multiple times allegedly by her maternal uncle.

(Photo: The Quint)

A Chandigarh district court has ruled that a 10-year-old girl who was raped cannot undergo an abortion as she is 26-weeks pregnant, the Times of India reported.

According to the Medical Termination of Pregnancy Act, medical termination of pregnancy is allowed up to 20 weeks, or in cases when the foetus is genetically abnormal.

Doctors are stunned over pregnancy at the age of 10 as it is “extremely rare” and have pointed out the risks of pregnancy at such a young age. Since normal delivery has been ruled out, a C-section can also be dangerous, doctors have warned.

How The Case Came to Light

The girl found out she was pregnant when she was taken to the hospital after she complained of stomach pain. 

The girl was allegedly repeatedly raped by her maternal uncle, Kul Bahadur, over a period of seven months. An FIR was filed at the Sector 39 police station and the accused, was arrested last Friday. The accused is a native of Nepal and used to reside in Sector 37 where his sister (mother of victim) used to stay.

The police moved the court with a plea for abortion on Saturday, The Tribune reported. Two gynaecologists from the Government Medical College and Hospital, Sector 32, submitted their report before the court. The local court dismissed the application on the grounds of health and risk to the life of the victim.

Dr Umesh Jindal, a gynecologist and a member of the American Society for Reproductive Medicine told the Times of India: "In almost 40 years of practice, I have never come across such a case. I had seen a 13-year-old girl pregnant. If legal permission is granted treating it as an exceptional case, it's better to terminate the pregnancy as there can be complications.”

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