CHENNAI: A pregnant woman with 80% disability, who was raped by her neighbour, terminated her 28-week foetus on Tuesday after the Madras High Court allowed her to undergo the procedure.
Under the Medical Termination of Pregnancy Rules, termination of foetus is allowed only up to 24 weeks. The woman is suffering from Friedreich’s Ataxia, a rare neurological condition that has led to paralysis of her limbs and 80% permanent physical impairment.
The woman’s mother did not notice her pregnancy in the early stages because of her condition. After noticing bodily changes, the woman took her daughter to the Government Medical Hospital in Chengalpattu where doctors confirmed that she was in her 28th week of pregnancy.
Though the police registered a case against the accused for rape and criminal intimidation, the doctors at the hospital refused to terminate the pregnancy citing rules.
The mother later moved the Madras High Court, seeking direction to the hospital to terminate her daughter’s pregnancy. The woman cited pregnancy due to rape and her daughter’s medical condition for seeking the court’s intervention.
Justice D Bharatha Chakravarthy, in his order, said that the woman, being a rape survivor, is entitled for medical termination of pregnancy. He further said that the outer limit of 24 weeks need not be held as a barrier in this case since the woman’s mother noticed it only after 24 weeks because of her medical condition.
The only consideration that has to be made is the matter of risk associated with the continuation or termination of the pregnancy by a Medical Board that can be constituted by the Dean of the Government Medical College Hospital, Chengalpattu, the court had ruled recently.
Authorities shall act with utmost urgency: HC
“This case can ‘brook no delay’,” the judge said, asking the court’s registry to issue the copy of the order on the same day of the pronouncement of the judgment and asking the hospital dean to constitute the board forthwith.
“All the authorities, at all time, shall act with utmost urgency in the matter,” the judge stressed, adding that termination be done immediately depending on the opinion of the medical board or the decision otherwise be informed to the woman’s mother.
When TNIE contacted the authorities of the Government Medical College Hospital in Chengalpattu they confirmed that upon the recommendation of the board and in accordance with the HC’s order, the pregnancy of the rape survivor was terminated successfully.
(With inputs from Sinduja Jane @ Chennai, ENS)