The Allahabad High Court permits the termination of a 25-week pregnancy of a minor rape survivor.

July 19, 2023by Primelegal Team0

Title: X vs. State Of U.P. And 4 Others

Dated: 12th July, 2023

 

WRIT – C No. – 22016 of 2023

CORAM: Hon’ble Mahesh Chandra Tripathi,J. Hon’ble Prashant Kumar,J

 

Introduction. 

 

The Allahabad High Court granted a 12-year-old rape victim’s request for a medical abortion after considering the Medical Board’s assessment that the pregnancy’s continuation “poses a greater risk to her physical and mental health” because of her “tender age.”

 

Analysis.

 

On July 10, the rape victim came before the court to ask to end her 25-week pregnancy. The High Court had asked the vice chancellor of Aligarh Muslim University to instruct the principal of Jawahar Lal Medical College, Aligarh, to form a medical team to examine the petitioner and submit its report before the Court on July 12. The HC had noted that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her.

 

The medical board’s findings was presented to the court, and after reading it, the bench determined that the victim might receive relief by ordering the termination of her 25-week pregnancy. The matter was once more placed by the court on July 17 at the top of the list for more orders and additional petitioner medical reports.

 

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Written by- Varada Hawaldar

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Primelegal Team

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