The Jaipur Bench of Rajasthan High Court has allowed the 13 -year -old rape victim to be aborted. Justice Sudesh Bansal’s court said in its order- if the victim is forced to deliver, he will have to face life throughout his life.
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It also includes other issues ranging from the maintenance of the child. There is also a possibility of damage to the mental health of the victim by giving birth to the child. It cannot be ignored. The court directed the Superintendent of Women’s Hospital Sanganer (Jaipur) to make arrangements for abortion of a minor girl from the medical board.
If the fetus is found alive, all arrangements will be made to keep it alive. In future, the fetus will be raised at the expense of the state government. If the fetus is not found alive, its tissue will be stored for DNA reports.
Parents agreed to abortion Sonia Shandilya, advocate of the victim girl, said- The victim is 6 days pregnant for 27 weeks. His parents also wanted to have an abortion. We told the court that there are many cases where the country’s High Court and the Supreme Court have also allowed the pregnant of 28 months to abortion.
During the last hearing, the court had directed to investigate the victim from the medical board of three experts and submit a report. The medical board reported on 8 March. It said that there is a high risk, but an abortion can be done. We told the court that the victim does not want to give birth to the child. According to the Medical Termination of Pregnancy Act, 1971, the pain caused by rape will be considered a serious damage to the mental health of a pregnant woman.
Court permission is not necessary before 24 weeks In December 2024, in another case, the bench of Chief Justice in the High Court has expressed the intention of issuing guidelines in the case of rape victims. The bench had said- The Medical Termination of Pregnancy Act 1971 clearly stated that a court permission is not required for abortion before 24-week pregnancy. After this, permission has to be obtained from the court.
It was also said that the victims are not told about their rights. In such a situation, a large number of petitions are filed in the court. Whether it is an adult or a minor. Most women are not aware of their rights.
The police and the concerned agency, especially the victim of sexual harassment, do not tell the minor about their rights. Due to this, they have to give birth to the child in compulsion even if they do not want to. In such a situation, the court will now issue detailed guidelines in this case. The rape victim was 31 weeks pregnant in this case. The court did not allow abortion.
What does the law of pregnancy abortion say Under the Medical Termination of Pregnancy (MTP) Act, any married woman, rape Victim, Divyang woman and minor girl are allowed to abort up to 24 weeks. On the advice of the Medical Board, the court has to get permission for abortion on the advice of more than 24 weeks. The change in the MTP Act was made in the year 2020. Before that the law made in 1971 applied.
Read this news of abortion of rape victims ..
High courts will issue new guidelines regarding rape victims; Where are the rights not mentioned, the child has to give birth under compulsion
The High Court has said in the case of rape victims that they are not told about their rights. Due to this, they have to give birth to the child under compulsion. In such a situation, the court will now issue detailed guidelines in this case. ,,
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