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Allahabad High Court permits minor rape victim to terminate 20-week pregnancy

As per the Medical Board report on July 15, 2021, the foetus of the victim was 20-week-old and as per the medical advise, termination of pregnancy could be carried out under the Medical Termination of Pregnancy (Amendment) Act, 2021.

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The Allahabad High Court has permitted a minor rape victim to abort her 20-week-old foetus. 

The Lucknow Division Bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh on Friday gave this order on a petition filed by the victim’s father. 

As per the victim’s statement, she was allegedly raped by one Sarvesh, after which she got pregnant. On her complaint, an FIR was lodged against the accused.

The Writ Petition sought a direction to opposite party No 3 (Chief Medical Officer, Hardoi) to abort the petitioner’s child, which was about 18 weeks, as per the medical report. 

Earlier on July 9, 2021, the Court directed the Additional Chief Standing Counsel to communicate the order to the Vice-Chancellor of King Georges Medical University to constitute a Medical Board for medical examination of the victim. 

The Medical Board was required to submit their report with regard to feasibility of termination of the minor’s pregnancy. As per the report dated July 15, 2021, the foetus of the victim was 20-week-old and as per the medical advise, termination of pregnancy could be carried out under the Medical Termination of Pregnancy (Amendment) Act, 2021. 

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Father of the girl, who had filed the Writ Petition on behalf of the victim, was also present before the Court.

“We have asked the consent of the petitioner and her father for termination of pregnancy of the victim, both of them have specifically said that the victim would like to get her pregnancy terminated,” the Court said. 

“We have considered the submissions and gone through the record. Considering the medical report dated July 15, 2021 placed before the Court by Subham Tripathi, Counsel for King Georges Medical University, we allow termination of pregnancy of the victim, which shall be done at an authorised medical hospital at the earliest, within a period of one week,” said the Court and disposed of the Writ Petition.

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