Mumbai: The Bombay High Court on Monday left it to the 15-year-old survivor on whether she wants to undergo medical termination of pregnancy (MTP) after the girl and her mother had a change in opinion after being informed about the risks while undergoing the procedure.
The girl, a victim of child abuse, had filed a petition seeking permission to undergo MTP as her pregnancy was over the legal permissible limit of 24 weeks. The court constituted a medical board on August 5 to examine the girl, and also evaluate Petitioner’s mental health.
The medical board opined that at present the mother is physically and mentally fit to undergo medical termination of pregnancy. However, it flagged the mental health stating that “as the mother is underage and a case of POCSO, carrying unwanted pregnancy to term will cause mental stress to the mother.” It also explained risks to the mother and the foetus while undergoing the procedure.
“The pregnancy has advanced to 26-27 wks of gestation and bears the same risk and complications for the mother if the pregnancy is continued till terms or terminated now,” the report added. The report warned that if the pregnancy is terminated now, the foetus has a “probability of being born alive and will require intensive neonatal care”. Also, the foetus may be affected by the complication due to its preterm status.
State advocate Molina Thakur submitted that considering the advanced stage of pregnancy and the chances of the foetus being affected by complications, the prayer for MTP should be rejected. The court requested the girl’s advocate Shilpa Pawar to explain the ramifications to the girl and her parents.
On Monday, Pawar informed a bench of Justices Ajey Gadkari and Neela Gokhale that the girl and her mother were agreeable to continue the pregnancy and carry the same to its full term. However, she urged the court that they would require State’s help.
Justice Gokhale also interacted with the mother-daughter duo in her chamber where they expressed their wish to continue the pregnancy with an option to give away the child in the care and custody of State agencies for the purpose of its rehabilitation by way of adoption or any other means.
“Notwithstanding that the Petition was filed seeking permission to medically terminate the pregnancy of the Petitioner but considering her changed stance and wishes and also conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, we deem it appropriate to leave the decision of continuance of the pregnancy entirely up to the wishes of the Petitioner. At the same time, we permit the Petitioner to medically terminate the pregnancy, if she so desires,” the court noted.
The court has directed the State to bear the expense in case the girl chooses to continue the pregnancy and said that the hospital shall provide post-delivery care, including neo-natal care for the baby, if so required. The Authorities have also been directed to preserve the appropriate tissue/DNA sample of the foetus/child after its birth and forward the same to the Investigating Officer for the ensuing criminal trial.
If the girl desires to give the child in adoption after the delivery, the State and its agencies will assume responsibility of the child and take such steps as necessary to rehabilitate the child including placing the child in foster care/adoption by following the due legal process, the court concluded.
