SC Issues Notice on Plea Seeking Compensation for 10-Yr-Old Mother

The girl was unaware that she’d delivered a baby and was told that she had to get a stone removed from her stomach.

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The Supreme Court on Friday issued notices to the Centre and the Chandigarh government on a plea seeking Rs 10 lakh as compensation for the minor rape survivor who delivered her child yesterday.

The apex court also issued a notice to the National Legal Services Authority on the plea, scheduling a subsequent hearing on 22 August.

Also Read: Chandigarh Rape Survivor: Adoption and a Court Trial Lie Ahead

The 10-year-old girl, who was raped in Chandigarh, delivered a baby through C-section at one of the government hospitals on 17 August, a senior doctor said. The girl’s condition is stable.

“The minor girl delivered a baby through C-section this morning. The infant's weight is 2.2 kg and the baby has been admitted to neo-natal ICU. As far as the girl is concerned, she is stable and will be kept in a separate room,” Dr Dasari Harish, chairperson of the committee which had been constituted for treatment of the rape victim, said.

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He said the infant was slightly underweight. “We hope the baby also recovers,” the doctor told PTI.

Dr Dasari described the C-section procedure, which was carried out at the hospital, as “uneventful”, though it was a “high risk pregnancy”.

The treatment expenses of the rape victim are being borne by the Chandigarh Administration.

The girl was unaware that she had delivered a child. Her parents had told her that she has a stone in her stomach and she had to be operated for that. Her father had requested the hospital authorities that the newborn should be put up for adoption.

The girl was allegedly raped by her uncle for several months and the crime came to light when the victim was taken to the hospital on complaining of stomach ache last month where she was found to be over 30 weeks pregnant.

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On 28 July, the Supreme Court dismissed abortion as an option for the rape survivor after a petition was filed regarding the safety of her health by a Delhi-based lawyer. The court acted upon a medical report which said abortion was neither good for the girl nor for the foetus.

A bench comprising Chief Justice JS Khehar and Justice DY Chandrachud took note of the report of the medical board set up by Post-Graduate Institute of Medical Education and Research, Chandigarh to examine the rape survivor and the consequences if the termination of pregnancy was allowed.

The bench had asked Solicitor General Ranjit Kumar, to consider its suggestion to set up a permanent medical board in every state to take a prompt decision on prospects of early abortion in view of the fact that such cases are reaching the apex court in a big way.

Courts allow medical termination of pregnancy up to 20 weeks under the Medical Termination of Pregnancy Act and can make an exception if the foetus is genetically abnormal.

Also Read: The Other Rape Survivor in Chandigarh Who Gave Birth to a Girl