High Court allows rape survivor to terminate pregnancy

Bengaluru: The High Court of Karnataka has allowed a 16-year-old rape survivor to terminate her pregnancy. The court has directed  the superintendent of a government hospital in Bengaluru where she has to undergo the procedure to end her pregnancy and to preserve the terminated foetus for DNA test in order to develop a evidence against the accused of the crime.

Justice Raghvendra S. Chauhan passed the order on Wednesday while permitting the petition recorded by the young girl, who is in her 22nd week of pregnancy. 

The court additionally coordinated that the State government bear all the medical expenses essential for the procedure while guiding the superintendent of the hospital to discharge after she is fully recovered to be back home. In spite of the fact that the medicinal board opined that “there is no medical contraindications for her to undergo termination of pregnancy, after correction of anaemia”, the court conceded permission for end of pregnancy while watching that “considering the fact that the child has been conceived in a rape case, and the petitioner does not wish to continue with her pregnancy as it will create individual and social problems for her and for her family”.

The court additionally observed a decision of the apex court, which in September 2017 allowed a rape victim from Karnataka to end pregnancy in the 26th week. 

In the interim, the court guided the investigation agency to gather the samples of baby for DNA testing by the Central Laboratory, situated in Hyderabad, while guiding the research facility to pass on its test results to the investigating officer within two months from the date of receipt of the DNA tests.