In a significant judgement, the Orissa High Court on Wednesday ordered a 22-year-old unmarried, physically-handicapped and mentally-retarded girl to continue her pregnancy as the court did not allow a petition of her mother to terminate the pregnancy under the provisions of the Medical Termination of Pregnancy Act, 1971.
Declining the relief of medical termination of the unwanted and unsolicited pregnancy of more than 24 weeks as that would put the life of the victim in danger, the court, holding the State responsible for the plight of the victim, directed the State Government to pay as an immediate measure a sum of Rs five lakh by way of ex-gratia within seven days to the girl’s mother.
Similarly, a further sum of Rs 3 lakh would be paid if the victim delivers a male child and Rs 5 lakh if she delivers a female child, the court ordered the Government. Apart from these, the girl is also entitled to any compensation awarded under the Victim Compensation scheme.
“Considering the mental condition of the victim and financial condition of the family, utmost care of the victim is to be taken in continuation of her pregnancy. The best medical facility will be made available so as to ensure proper care and supervision during the period of pregnancy as well as post-natal care at the SCB Medical College and Hospital,” the court said. “The entire transport, medical and medicinal expenses, including accommodation of the victim and her mother, if necessary, during treatment, shall be the responsibility of the Jagatsingpur district administration,” said the judgment delivered by Justice Biswanath Rath, adding that the entire education of the yet-to-born child shall be the responsibility of the Government.
The case inter alia pertains to the girl of Fatepur under the Kujang police station of Jagatsinghpur district, who was allegedly raped by a local boy. A police case under Section 376(2)(1), 294 and 506 of IPC was registered against the accused at the Kujang PS on August 13. By the time the girl’s mother approached the court seeking permission to terminate the pregnancy, medical reports indicated that the girl was already pregnant for over 20 weeks and the provisions under the Act of 1971 debar termination of pregnancy exceeding 20 weeks as that would lead to grave injury to the married woman.
The court held the State machinery responsible for the sufferings of the victim and her mother and issued an 11-point specific direction to Government and a 14-point general directive to other authorities, including district courts, State Legal Aid Services Authorities.