Hyderabad, Oct 8:
Telangana High Court in Hyderabad permitted a minor girl to terminate her
pregnancy subject to conditions and restrictions under Medical Termination of Pregnancy
(MTP) Act-1971, a media report said Friday.
The court delivered
the order maintaining that a woman has the right to make a choice to carry the pregnancy. She also has a right not to carry a pregnancy albeit subject to
conditions and restrictions under MTP Act.
Justice B. Vijaysen
Reddy of Telangana High Court passed an order permitting a 16-year-old to get
her pregnancy terminated. The minor was impregnated by a member of her extended
family.
The report said that
the accused emotionally abused and sexually exploited the minor and warned her
of dire consequences. The hapless minor did not reveal the sexual assault to
her parents. The accused even threatened to kill her mother. The parents of the
victim however, approached the police who arrested him.
Doctors who checked
the victim at a local hospital said the gestational age of the fetus was 25
weeks based on foetal biometry. The minor and her parents approached a
government hospital in Hyderabad for termination of the pregnancy as the minor
was not in a position to bear the child physically, mentally and financially.
The hospital
authorities, however, rejected their request as termination of pregnancy beyond
24 weeks was not permissible by the Act. The minor, through her mother, then
approached the high court and filed a petition seeking a direction to the
hospital to terminate her pregnancy.
The high court set up
a medical board, which examined the minor and found her fit for termination of
pregnancy. The board, however, noted that she may have complications
endangering her life if the pregnancy was terminated.
The judge observed that the courts were empowered to direct termination of pregnancy even though the MTP Act prohibits it if the foetus gestation period was more than 24 weeks. “If the petitioner was compelled to continue with pregnancy caused by rape, it would infringe her right to life guaranteed by the Constitution,” the judge ruled.