Orissa High Court allows termination of minor girl’s pregnancy following alleged abduction by youth

On December 11, the Court had constituted the medical board committee to determine if termination of pregnancy of the girl would be dangerous to her health and life.
For representational purposes (Express Illustration)
For representational purposes (Express Illustration)

CUTTACK: The Orissa High Court has directed a medical board committee constituted by it under the chairmanship of the DMET to carry out termination of pregnancy of a 17-year-old girl. The division bench of Justice SK Mishra and Justice Savitri Ratho said, “But, if during the procedure it is found that there is any danger to the life or well being of the victim girl, they have the discretion to cancel the same. However, we hope and trust that our orders shall be given effect to without any further delay”.

The minor girl was rescued by police after intervention by the High Court on a habeas corpus petition which the father had filed. Later, the father sought the Court’s direction for termination of her pregnancy following the alleged abduction by a youth.

She was more than 20 weeks of pregnancy but less than 24 weeks when the bench issued the direction for termination of pregnancy of the victim girl on Tuesday in view of her statement during interaction with them on December 7. 

“She very categorically stated before us that because of her inability to understand things due to her tender age and misconceived notion, she has been impregnated by the youth and that she does not want to continue her pregnancy. She has also stated before us that if her pregnancy is not allowed to be terminated her education will be affected and she may face insurmountable difficulties”, the bench said.

“We further direct that the DNA sample of the fetus be preserved as it may be necessary for further investigation of the case/trial of the criminal case,” the bench said in its order, a copy of which was available on Wednesday.

On December 11, the Court had constituted the medical board committee to determine if termination of pregnancy of the girl would be dangerous to her health and life. The committee did not recommend for termination but did not state that termination of pregnancy at this stage will pose any threat to the life of the victim.

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