POCSO: Karnataka High Court permits minor survivor to terminate 22-week pregnancy

The Dharwad Bench of the Karnataka High Court recently permitted a minor girl who had become pregnant as a result of rape, to undergo a termination of pregnancy at 22 weeks [Kumari M v. State of Karnataka and Anr]..Justice Suraj Govindaraj allowed the plea of the girl after a medical board opined that continuation of the pregnancy could result in the girl developing anxiety and depression otherwise. "In terms of Section 3(2)(b), where the length of the pregnancy exceeds 12 weeks, but does not exceed 24 weeks, if two registered medical practitioners are of the opinion that, the continuation of the pregnancy would involve risk to the life of the pregnant woman or a grave injury to her physical and mental health, a medical termination of pregnancy could be resorted to," the Court said. .The minor petitioner, who was represented by her father before the Court was a victim of offences under Sections 4 (penetrative sexual assault) and 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, read with Sections 363 (kidnapping), 366-A (procuration of minor girl) 376(2)(n) (committing rape repeatedly on the same woman) and 506 (criminal intimidation) of the Indian Penal Code..Due to the sexual assault, the child conceived and had been pregnant for 22 weeks when she approached the Court. The matter was referred to the medical board, whose report said that there were certain complications in the pregnancy. However, if the procedure is not carried out it may affect the mental health of the child and cause grave injury to her both physically and mentally, as it is a high-risk pregnancy. The Board opined that despite the risk, there should be a termination of pregnancy, as if it is continued the minor survivor may develop anxiety that could lead to depression. .The High Court noted that Section 3(2)(b) of the Medical Termination of Pregnancy Act provides that when the length of the pregnancy is between 20 and 24 weeks, if two registered medical practitioners opine that continuation of the pregnancy would involve a risk to the life of the pregnant woman, or a grave injury to her physical and mental health, the pregnancy can be terminated. .As the pregnancy in the present case is 22 weeks and 3 days, which is under the prescribed period of 24 weeks, and the medical board has opined that pregnancy could be terminated despite the risk, the Court allowed the same subject to adopting all required safety considerations. .Further, the Court directed that the fetus should be preserved in such a manner as to able to obtain a DNA sample for future examinations until the culmination of the criminal trial, and that one such sample of the fetus be immediately sent to the Forensic Science Laboratory, Bengaluru, to enable a comparison with the DNA of the accused. .Advocate Sharad V Magadum appeared for the petitioner. Additional Government Advocate Shivaprabhu Hiremath represented the State. .[Read Order]