A division bench of Justice Revati Mohite-Dere and Justice Madhav J Jamdar last week was hearing a plea by a teenager, aged 16 years and seven months, filed through her father, seeking to undergo medical termination of pregnancy and also compensation as per law.
The Bombay High Court recently refused permission to a 16-year-old rape victim to terminate a 29-week pregnancy after a hospital opined that attempting termination, which is likely to be unsuccessful, could result in a premature baby who would suffer from lifelong morbidities. The court asked the state government to admit the girl to an NGO till her delivery and expeditiously pay her Rs 50,000 as interim compensation.
A division bench of Justice Revati Mohite-Dere and Justice Madhav J Jamdar last week was hearing a plea by a teenager, aged 16 years and seven months, filed through her father, seeking to undergo medical termination of pregnancy and also compensation as per law.
Advocate Madhuri R Raibagkar for petitioner informed the court that petitioner’s father is a daily wage earner who stays out of home for long hours and her mother had passed away long back leaving her with no one at the house to look after her in a “critical situation.” The court also interacted with the petitioner who expressed interest in pursuing further education.
On May 5, the HC referred the case to a medical board constituted by the dean of the state-run J J hospital to examine the teen and assess her mental health due to her pregnancy. The panel submitted its report on May 6.
The panel’s report concluded that if the termination of pregnancy is allowed, there was high probability of delivery of a baby. However, as a result of premature delivery, the baby would suffer from severe lifelong morbidities, it added.
“In view of the unanimous opinion of the medical board, we are not inclined to grant relief of termination of pregnancy,” the bench held and passed directions in view of the petitioner’s familial and economic condition.
The court directed the state government to take steps to admit her in NGO Vatsalya Trust till her delivery and further necessary period. The NGO has been asked to take steps to admit her to the government hospital at the time of delivery.
The HC also asked the state to submit FIR, medical report and other documents including her recorded statement before the District Legal Services Authority for payment of compensation under “Manodhairya” Scheme.
The bench said that a special Protection of Children from Sexual Offences (POCSO) Act court can consider a plea by the petitioner seeking interim compensation under the law as expeditiously as possible.
Posting further hearing in the plea to June 6, the bench said that the authorities, while considering grant of interim or final compensation, should bear in mind compensation awarded under various other schemes and by HC order.
Source: The Indian Express
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