MUMBAI: Bombay High Court has allowed a 15-year-old sexual assault survivor, who is almost 35 weeks pregnant, to deliver her baby safely in a state-run shelter home. Justices Prakash Naik and Nitin Borkar on Thursday allowed her mother’s plea to shift her daughter for delivery to a neutral surrounding with the state’s aid to avoid social stigma.
On Feb 16, HC had refused permission for medical termination of the minor’s then over 30 weeks pregnancy considering the risk to her life and long-term neurological complications for the baby if born alive. The girl’s mother had moved HC as the pregnancy was beyond the 24-week legal limit for termination.
While the parents were at work, a neighbour had forcibly and repeatedly raped the minor. On Feb 3, an FIR was registered against him under IPC for rape and under Pocso.
On Feb 22, Supreme Court, noting that the pregnancy was at a very advanced stage, upheld HC’s order stating that there is no infirmity in it. The mother’s advocate had then informed that it is a case of accidental pregnancy and the survivor and her family are facing an unpleasant social situation in the locality where they reside. SC granted the mother liberty to move HC again “to address the issue of safe delivery with state’s aid in a neutral surrounding.” The mother’s petition said “continuation of pregnancy in public exposure shall pose severe mental injury to the minor girl.”
Women and Child Development Department’s reply said govt-run homes have been established in all districts for protection of women. It provides facilities to support girls and women between 16 to 60 years and meet a range of needs of survivors, including shelter, medical and legal assistance, counselling and emotional support. As per a June 2008 GR, a pregnant girl below 16 years can be admitted to the home.
The reply further stated that there is a shelter home in Thane district with necessary facilities, including doctors and an auxiliary nurse midwife. “ It informed that as per Jan 1 GR, the minor is also eligible for compensation (given to rape survivors) under Manodhairya scheme.
On Feb 16, HC had refused permission for medical termination of the minor’s then over 30 weeks pregnancy considering the risk to her life and long-term neurological complications for the baby if born alive. The girl’s mother had moved HC as the pregnancy was beyond the 24-week legal limit for termination.
While the parents were at work, a neighbour had forcibly and repeatedly raped the minor. On Feb 3, an FIR was registered against him under IPC for rape and under Pocso.
On Feb 22, Supreme Court, noting that the pregnancy was at a very advanced stage, upheld HC’s order stating that there is no infirmity in it. The mother’s advocate had then informed that it is a case of accidental pregnancy and the survivor and her family are facing an unpleasant social situation in the locality where they reside. SC granted the mother liberty to move HC again “to address the issue of safe delivery with state’s aid in a neutral surrounding.” The mother’s petition said “continuation of pregnancy in public exposure shall pose severe mental injury to the minor girl.”
Women and Child Development Department’s reply said govt-run homes have been established in all districts for protection of women. It provides facilities to support girls and women between 16 to 60 years and meet a range of needs of survivors, including shelter, medical and legal assistance, counselling and emotional support. As per a June 2008 GR, a pregnant girl below 16 years can be admitted to the home.
The reply further stated that there is a shelter home in Thane district with necessary facilities, including doctors and an auxiliary nurse midwife. “ It informed that as per Jan 1 GR, the minor is also eligible for compensation (given to rape survivors) under Manodhairya scheme.