HC allows minor rape survivor to deliver baby

The Madhya Pradesh High Court has allowed a 16-year-old rape survivor to give birth to her baby, holding that termination of pregnancy cannot be permitted without her consent. The girl has since married the father of her child. A single bench of Justice Vishal Mishra directed that the state Government bear all expenses related to the delivery, which will be conducted at Hamidia Hospital in Bhopal in the presence of an expert medical team.

The order of December 11, a copy of which was made available on Friday, came after a district court wrote to the HC concerning the termination of pregnancy of the minor rape survivor. The HC then sought a report from a medical board.  According to the medical board’s report, the survivor was 16 years and seven months old, and her gestational age was 29 weeks and one day, which fell within the permissible delivery period. 

The report said that the survivor was counselled about the options of undergoing or not undergoing abortion, and she expressed her wish to continue with the pregnancy. According to a report submitted by the Child Welfare Committee (CWC), the survivor said that she had married the father of her child (the accused) and wanted to go ahead with the delivery.

 The report said the girl’s parents were unwilling to keep her with them because she married of her own will.

The parents said they had no relationship with their daughter, noted the CWC report.

Holding that abortion cannot be allowed without the survivor’s consent, the HC directed the CWC to keep her under its care until she turns 18 and make all possible efforts to ensure the safety of her child.