The Orissa High Court has permitted a 13-year-old rape survivor to terminate her over 27-week pregnancy due to severe health risks posed by her conditions of sickle cell anaemia and epilepsy. The minor, who belongs to a Scheduled Tribe, was raped last year and did not disclose it until her health deteriorated. Upon being informed of her pregnancy, which exceeded the 24-week limit for abortions under the Medical Termination of Pregnancy Act, her father sought legal permission for termination. The court upheld her right to bodily autonomy while directing the Odisha government to establish a Standard Operating Procedure for similar cases.
Cuttack:
On Monday, the Orissa High Court permitted a 13-year-old rape survivor to undergo a medical termination of her pregnancy, which was over 27 weeks along, after recognizing the significant risks it posed to her health and life.
The young girl, hailing from Kandhamal district, suffers from sickle cell anemia and epilepsy, conditions that greatly heighten the dangers of childbirth.
Last year, the victim, who belongs to a Scheduled Tribe community, was repeatedly assaulted by a local youth. Due to intimidation, she refrained from reporting the crime until her declining health prompted her mother to seek medical assistance.
Upon investigation, it was discovered that she was over six weeks pregnant, exceeding the 24-week threshold established by the Medical Termination of Pregnancy (MTP) Act.
Following a First Information Report (FIR) filed on February 11, a medical examination confirmed the pregnancy alongside the associated health threats.
The case was then presented to the Orissa High Court, where her father requested permission for abortion, pointing out the life-threatening complications her pregnancy posed.
The Medical Termination of Pregnancy (MTP) Act allows for abortion beyond 24 weeks in specific scenarios, such as those involving minors and rape survivors.
Last month, the court instructed MKCG Medical College and Hospital in Berhampur to assemble a Medical Board to evaluate her condition.
The Board concluded that continuing the pregnancy would greatly jeopardize the minor’s physical and mental health. Following this assessment, the state government did not oppose the petition, contending that forcing the child to deliver would infringe upon her fundamental rights under Article 21 of the Constitution.
In his ruling, Justice S K Panigrahi underscored the significance of bodily autonomy and reproductive rights, noting that although the minor could not make an informed decision on her own, she was represented by her legal guardians.
The court also criticized unnecessary delays in judicial processes related to such cases, highlighting the need for a more efficient procedure for medical terminations in comparable situations.
In addition to granting termination permission, the court instructed the Odisha government to develop a Standard Operating Procedure (SOP) to ensure prompt access to reproductive healthcare, reduce bureaucratic obstacles, and train law enforcement agencies to manage such cases proficiently.
The SOP is mandated to be completed and implemented within six months, as ordered by the high court.
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