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13-year-old Mumbai rape survivor to abort pregnancy – Supreme Court

In a historical verdict, The Supreme Court on Wednesday allowed a 13-year-old alleged rape survivor to terminate her 32-week-old pregnancy after taking note of a medical report.

Section 3(2)(b) of the Medical Termination of Pregnancy Act prohibits abortion of a foetus after 20 weeks of pregnancy which means it is a punishable offence. A bench comprising Chief Justice Dipak Misra and Justices Amitava Roy and A M Khanwilkar who looked at the medical report filed by a board of doctors of J J Hospital, Mumbai, set up by the court granted their consent for termination of pregnancy.

 The bench felt that it would not be fair to penalise the child making her to become a mother at a very young age since she herself would not be knowing to take care of herself entirely and that the incident happened against her will.

Solicitor General Ranjit Kumar, appearing for the Centre, referred to the medical report and an earlier order passed by the apex court on a plea by another rape survivor whose pregnancy was at an advanced stage. Acting on the report, the Court has asked the authorities of the hospital to conduct the termination of pregnancy preferably on September 8. “The girl would be admitted a day before,” it said.

The Mumbai-based rape survivor is a student of class seven. Her details are not revealed considering her age and that to allow her to live her life with full dignity.

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