Cuttack: Following the advice of a medical board, Orissa high court on Monday ordered the medical termination of pregnancy of a minor rape survivor who is more than 26 weeks pregnant and suffers from sickle cell disease as well as epilepsy.
The direction followed a petition filed by the father of the 13-year-old girl, a Class 7 student. In his petition the father stated that continuing with the pregnancy would endanger his daughter’s life. Advocate Arnav Behera made submissions on the petitioner’s behalf.
Justice S K Panigrahi said, “In light of the legal framework, the medical opinion, and the fundamental rights at stake, this court finds no justification to deny the petitioner’s plea.”
Directing concerned authorities to ensure the termination of pregnancy is carried out without further delay, Justice Panigrahi observed, “The medical termination of pregnancy in this case is not only legally permissible but also morally imperative.”
The incident of repeated rape occurred in Aug 2024. The pregnancy was discovered at a late stage, beyond the 24-week limit. A case was registered on the basis of a complaint lodged by the girl’s mother on Feb 11.
Provisions of Medical Termination of Pregnancy (Amendment) Act, 2021 do not permit a woman to terminate pregnancy if it has crossed 24 weeks. The woman is required to seek the high court’s permission to do so.
Earlier, the HC had directed the superintendent of MKCG Medical College and Hospital in Berhampur to convene a medical board to examine the minor girl and submit a report. The medical board, after a meticulous evaluation, was of unanimous and unequivocal opinion that continuation of the pregnancy could pose a grave risk of life-threatening complications that could severely impair the minor’s physical and mental well-being. The board also emphasized the necessity of immediate medical intervention to safeguard her health and life.
Justice Panigrahi further issued directions to the health and family welfare department for the formulation of a standard operating procedure concerning the medical termination of pregnancy within six months and its implementation thereafter.