Nagpur: The Nagpur Bench of Bombay High Court has come to the rescue of a 12-year-old rape survivor of Nagpur, by granting permission to terminate her 26-week pregnancy caused by repeated sexual assault by her neighbour in Ajni locality of the city.
A division bench comprising Justice Bharti Dangre and Justice Abhay Mantri allowed the survivor’s plea filed through her mother, after reviewing the report from the Medical Termination of Pregnancy (MTP) Board at the Government Medical College and Hospital (GMCH), Nagpur.
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Sat 21 Dec. 2024
The petitioner, who was repeatedly sexually assaulted by her neighbour, approached the High Court recently seeking permission to terminate her pregnancy. The minor, hailing from an impoverished family and studying in Class 7, sought legal aid through the High Court’s Legal Aid Committee, who appointed lawyer Sweety Bhatia to plead her case.
The MTP Board, comprising a gynaecologist, a woman doctor and an anaesthetist from the GMCH submitted its report on the court’s directive. The report confirmed the patient was pregnant with a single live intrauterine pregnancy of 26 weeks. The board examined the patient and reviewed her ultrasound and other investigations. According to the Board’s findings, the patient is mentally and physically fit to undergo abortion.
Based on MTP Board’s recommendation, the judges permitted the medical termination of the 26-week pregnancy, instructing the hospital to carry out the procedure at the earliest. The court also recorded its appreciation for the assistance rendered by the counsel, Bhatia.
As per the petition, the girl is a victim of heinous crime, and the pregnancy resulted from repeated rape. It also highlights the girl’s financial hardship and her inability to care for the child. The petitioner invoked the High Court’s extraordinary and supervisory jurisdiction under Articles 226 and 227 of the Constitution.
According to the petition, the accused, Sachin Neware, allegedly forced himself on the girl multiple times when she visited his home to play with his son. The survivor complained of stomach pain on September 16 while visiting relatives in Wardha district, and a medical examination revealed her pregnancy. An FIR was registered against the accused on September 17 at Wardha Police Station, and the case was transferred to Ajni Police Station in Nagpur, where the crime took place.
