The Superior Court orders the constitution of the board to examine the victim of minor rape for the termination of the 24-week pregnancy
NEW DELHI: On Tuesday he ordered the constitution of a medical board to examine a minor victim, who is seeking permission to finish it 24 weeks the pregnancy .
Judge Vibhu Bakhru asked the medical superintendent of Ram Manohar Lohia Hospital to immediately set up the board to examine the condition of the 16-year-old. girl and expeditiously submit the report on whether continuing the the pregnancy will pose any risk to her health.
The board will also include a psychiatrist, the court said.
The court, which listed the matter for February 6, requested that the doctor in question be present during the hearing.
The court further said that it would also interact with the girl and her parents, who were present during the hearing, on the next date and asked them to be there.
The petition, filed through the girl 's mother, is aggrieved as Section 3 of the Medical Termination of Pregnancy Act does not permit termination of the pregnancy in case the period of gestation is more than 20 weeks.
The plea filed through advocates Anwesh Madhukar and Prachi Nirwan, said the the pregnancy poses a substantial risk to the girl as she herself is of tender age.
Advocate Kamna Vohra, representing the State, said the court may pass direction for examination of the girl by a medical board.
The statement says that the rape victim was examined by doctors at a government hospital here on January 25 and was found to be 24 weeks pregnant.
Accordingly, a case of rape and criminal intimidation was filed at the Swaroop Nagar police station here.
The doctor has opined that since the period of gestation is more than 20 weeks, it is beyond the permissible limit and court's permission is required for the pregnancy termination.
The Cabinet of the Union approved last week to extend the upper limit to allow abortions of the current 20 weeks to 24 weeks for special categories of women that would include rape survivors, victims of incest, people with different abilities and minors, said an official statement .
The Council of Ministers gave its approval to the Draft Law on Medical Termination of Pregnancy (Amendment) of 2020 to amend the Medical Termination Act of Pregnancy of 1971 and would be presented at the Parliament Budget session that began on January 31.