New Delhi: A 14-year-old girl has knocked at the doors of the Delhi High Court through her mother wanting medical termination of her 16 weeks pregnancy as she is not prepared mentally and physically to raise the child.
The minor is an unmarried girl and she had conceived out of consensual sexual activity with a minor boy.
The court will hear the matter Wednesday.
The girl's mother has pushed the petition with the help of advocate Amit Mishra wanting pregnancy termination at the All India Institute of Medical Sciences (AIIMS) without reporting it to the local police as it would bring social stigma, ostracisation and harassment not only to the minor but also for the entire family.
However, reporting the matter is mandatory to the local police under the POCSO Act.
According to the plea, the Medical Termination of Pregnancy Act allows for the termination of a pregnancy up to 20 weeks if the registered medical practitioner believes that the woman's life would be in grave danger or that her physical or mental health would suffer significantly as a result of carrying the pregnancy to term.
As per the ultrasound report of January 6, 2023, the pregnancy, in this case, is of 15 weeks and four days, the petition stated.
The plea also made reference to a recent Supreme Court decision that exempts registered medical professionals from Section 19 of the POCSO Act's requirement that they disclose a minor's pregnancy to the local police if it resulted from consenting sexual activity.
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In December, the Delhi High Court allowed an eight-month pregnant woman to undergo medical termination of pregnancy.
In her petition, the 26-year-old woman had mentioned that a cerebral abnormality was found in the foetus.
"The court comes to the conclusion that the mother's choice is ultimate. Considering this, the court holds that medical termination is allowed. The petitioner is permitted to undergo termination immediately at the LNJP Hospital or any other hospital of her choice," Justice Prathiba M. Singh said.
The court further said that in Indian law, it is the woman who decides if she wants to give birth after conceiving or not.
"This right gives a woman the ultimate choice as to whether to give birth to the child that she has conceived. India is amongst the countries that recognise this choice of the woman in its law and has even expanded this right in recent times with amendments permitting the termination at an advanced stage under various circumstances," Justice Singh said.
The court said that cases involving fetal abnormalities highlight the severe dilemma that women undergo while taking a decision to terminate a pregnancy.
The court directed that the petitioner is permitted to undergo the procedure for medical termination of pregnancy immediately at the Lok Nayak Jai Prakash Narayan (LNJP) hospital, or the Guru Teg Bahadur hospital or an approved medical facility of choice as per Section 4 under the supervision of a properly constituted medical team.
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