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The Supreme Court on Friday (July 28) denied permission for Medical Termination of Pregnancy (MTP) to a 10-year-old girl who is now nearly 30 weeks pregnant through repeated rapes by her maternal uncle.

The permission was denied because, as per the court-ordered medical board comprising top doctors of Chandigarh’s PGIMER hospital, going in for an abortion now will be dangerous for the health of the child.

The bench also slammed the petitioner for directly coming to the Supreme Court (and wasting time) rather than going to the high court. The Chief Justice JS Khehar said: “We are unhappy. You should have gone to the high court. On the last date there was no time, that is why we issued notice.”

The counsel for the petitioner submitted that a permanent board can be constituted at every district level so that no time is wasted in approaching courts in such cases.

The bench ordered as follows:

“The report of the medical board was produced before us. We have perused the report. In view of the recommendation of the medical board, we are satisfied that it will not be good for the child or foetus. The bench declines to allow abortion of the same. However, the girl child should be extended due medical care. We are informed that she is being treated at government hospital, which we think is fully equipped.”

The CJI made a verbal request to Solicitor General Ranjit Kumar to see if it was possible to have a permanent medical board to look into these matters. “Rather than coming to us, people can go there,” he said.

The SG said: “I will definitely convey this suggestion to the government.”

India Legal Bureau

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