The Punjab and Haryana High Court has refused to allow a 12-year-old rape victim to carry out an abortion, the Hindustan Times has reported.
The mother of the 12-year-old girl had moved the High Court in Chandigarh asking to abort the foetus, as her daughter is a minor. She also said the pregnancy would endanger the girl’s life.
A FIR for the incident of rape was lodged on February 19, 2015, following a medical examination confirming that the victim was pregnant.
According to the Hindustan Times, the girl’s mother stated that on February 24, she went to Kalpana Chawla Medical Hospital in Karnal, Haryana for terminating the girl’s pregnancy.
But the hospital refused to do so stating that the girl was already 28-30 weeks pregnant. In India, abortion is legal only up to 20 weeks.
In light of this fact, it is not known why the girl’s family took so long to file an FIR or carry out a medical examination.
Following the hospital’s refusal to abort the foetus, the girl’s mother approached the High Court.
The High Court then asked the Karnal district medical officer to set up a committee and determine if there was a threat to the girl’s life from the pregnancy. Under Section 5 of the Medical Termination of Pregnancy Act, an abortion is said to be legal is the pregnancy is a threat to the mother’s life.
After various tests carried out at a medical facility, it was determined that there was no threat to the child and that pregnancy can be continued.
The Hindustan Times quotes the High Court as saying, “In the light the medical board opinion, no further action can be taken by the court with regard to the prayer made by the petitioner.”
The Quint cannot independently verify this, but as the girl was 28-30 weeks pregnant in mid-February, it is likely that she will be very close to giving birth as of April 4.
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