BHOPAL/JABALPUR: Madhya Pradesh high court has refused to allow medical termination of pregnancy of a minor girl, who was allegedly raped by her brother-in-law, after she and her mother deposed in court that they would try to save the accused in trial.
Nobody can be allowed to play hide and seek to commit murder of an unborn child, Justice G S Ahluwalia said in his April 22 order.The minor has accused her elder sister’s husband of raping her.
The court, citing a case when “authority of the court was misused to get rid of an unwanted child” had asked the survivor’s mother to file an affidavit that she would stick to her statement during trial and would not turn hostile. The mother did give the affidavit, but when the judge asked her about it in the courtroom, she and the survivor said they would do their best to save the accused following which the court dismissed their petition for medical termination of pregnancy.
“Although, this court is conscious of the fact that witnesses cannot be bound by their statements and they can state whatever they want in the trial, they cannot be allowed to misuse the lawful authority of this court to kill an unborn baby,” Justice Ahluwalia said in his order.
“Whether the petitioner wants to ensure the conviction of her son-in-law or not is not the concern of this court. The only concern is whether this court can be used as a tool for getting rid of an unwanted child and thereafter claiming that no offence had taken place. Nobody can be allowed to play the game of hide and seek for committing murder of an unborn child,” Justice G S Ahluwalia’s order says.
“Looking at the real intention behind the filing of petition and admission of the petitioner that she and prosecutrix would not support the prosecution case in the trial and would make every endeavour to save the accused, this court is of considered opinion that although the unwanted child may have some adverse effect on the mental status of the girl but if the prosecutrix and her mother are going to take a somersault by claiming that no offence was committed, then this court would like to ignore the said aspect. Accordingly, no case is made out for grant of permission for medical termination of pregnancy,” the court said while dismissing the petition.
Nobody can be allowed to play hide and seek to commit murder of an unborn child, Justice G S Ahluwalia said in his April 22 order.The minor has accused her elder sister’s husband of raping her.
The court, citing a case when “authority of the court was misused to get rid of an unwanted child” had asked the survivor’s mother to file an affidavit that she would stick to her statement during trial and would not turn hostile. The mother did give the affidavit, but when the judge asked her about it in the courtroom, she and the survivor said they would do their best to save the accused following which the court dismissed their petition for medical termination of pregnancy.
“Although, this court is conscious of the fact that witnesses cannot be bound by their statements and they can state whatever they want in the trial, they cannot be allowed to misuse the lawful authority of this court to kill an unborn baby,” Justice Ahluwalia said in his order.
“Whether the petitioner wants to ensure the conviction of her son-in-law or not is not the concern of this court. The only concern is whether this court can be used as a tool for getting rid of an unwanted child and thereafter claiming that no offence had taken place. Nobody can be allowed to play the game of hide and seek for committing murder of an unborn child,” Justice G S Ahluwalia’s order says.
“Looking at the real intention behind the filing of petition and admission of the petitioner that she and prosecutrix would not support the prosecution case in the trial and would make every endeavour to save the accused, this court is of considered opinion that although the unwanted child may have some adverse effect on the mental status of the girl but if the prosecutrix and her mother are going to take a somersault by claiming that no offence was committed, then this court would like to ignore the said aspect. Accordingly, no case is made out for grant of permission for medical termination of pregnancy,” the court said while dismissing the petition.