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NEW DELHI: A 14 year old rape victim’s plea to allow her to terminate her 24 weeks fetus got the two Supreme Court judges to debate over the matter whether it’s necessary to terminate pregnancy at such late stage.
The class 10th student, who is from Gujarat, was sedated by her doctor and then raped.
Justice Anil R Dave argued that if he were a 14 year old then he wouldn’t carry on with the pregnancy, while Justice Kurien Joseph spoke of the right of the child to be born. “What will happen to the life of the child whose limbs might have developed by now? Will the abortion now be of any help to the mother,” he said.
It was finally decided that a three member panel of experts, including a psychiatrist from Civil Hospital in Ahmedabad will examine the condition of the girl’s pregnancy and if they give a go ahead the abortion will be carried out. The Judges directed the girl to be admitted the hospital on 29 July and tests to be conducted the next day.
Earlier during the argument Justice Kurien asked the victim’s advocate Kamini Jaiswal whether they really wanted an abortion. “Now since everyone knows about the incident, is it necessary to kill... abort the child?” He asked. He also added that 90% of the children given in for adoption come from unwed mothers, whereas it would be fine had the abortion was done within 20 weeks of pregnancy as it came under the guidelines of Medical Termination of Pregnancy Act, 1971.
Ms Jaiswal pleaded that it would be too much of a trauma for a 14 year old girl to carry on with a full term pregnancy and victim deserved a life of dignity.
The victim moved to the Apex Court after her plea was rejected by Gujarat High Court, which expressed “sympathy” for the victim but refused “permission to abort the child conceived due to the ghastly act of rape.”
