MUMBAI: Bombay high court has sought a report from a medical board of JJ Hospital on a plea for medical termination of the over six-month pregnancy of a 12-year-old girl who was sexually assaulted by her 14-year-old brother.
Justices Revati Mohite Dere and Manjusha Deshpande on Thursday directed a medical board to be constituted to examine her and its report to be submitted to a vacation bench on Monday.The girl’s mother moved HC to permit MTP as her daughter’s pregnancy has crossed the 24-week legal limit for termination.
The petition, filed through advocate Ashley Cusher, said on May 2 her daughter complained of stomachache. At a health centre, the doctor suspected pregnancy and a test confirmed it. The girl told her mother that from Oct, when no one was at home, her elder brother used to forcibly establish physical relationship with her.
He threatened her with dire consequences. On the mother’s complaint, an FIR was lodged the same day under IPC and POCSO against the son and he was sent to a juvenile home. On May 3 the girl was produced before the Child Welfare Committee, Palghar, and sent to a home. On May 4, at J J Hospital it was found that she is “24 weeks and 5 days” pregnant.
The mother’s petition said doctors have opined that there are chances of premature birth, low birth weight, respiratory distress syndrome, electrolyte imbalance and kidney disease. The medical reports indicate there would be major complications in the growth of the foetus in the minor’s womb and it would endanger both lives. Also, continuation of pregnancy till normal tenure would affect the girl’s physical and mental health besides causing more risk to her life. “The mere age of twelve to thirteen is not appropriate to reproduce a child… The minor girl has a right to study and make a career but due to this pregnancy it will be impossible for the minor/victim even to be educated,” her petition added.
The mother said she wants her daughter to lead a “normal life without any complications and medical problems.”
“…every passing day produces irretrievable changes in the status of the petitioner’s daughter and foetus which she carries and … invariably have a direct impact upon the child in the womb as well as the petitioner’s daughter,” her petition said.
Justices Revati Mohite Dere and Manjusha Deshpande on Thursday directed a medical board to be constituted to examine her and its report to be submitted to a vacation bench on Monday.The girl’s mother moved HC to permit MTP as her daughter’s pregnancy has crossed the 24-week legal limit for termination.
The petition, filed through advocate Ashley Cusher, said on May 2 her daughter complained of stomachache. At a health centre, the doctor suspected pregnancy and a test confirmed it. The girl told her mother that from Oct, when no one was at home, her elder brother used to forcibly establish physical relationship with her.
He threatened her with dire consequences. On the mother’s complaint, an FIR was lodged the same day under IPC and POCSO against the son and he was sent to a juvenile home. On May 3 the girl was produced before the Child Welfare Committee, Palghar, and sent to a home. On May 4, at J J Hospital it was found that she is “24 weeks and 5 days” pregnant.
The mother’s petition said doctors have opined that there are chances of premature birth, low birth weight, respiratory distress syndrome, electrolyte imbalance and kidney disease. The medical reports indicate there would be major complications in the growth of the foetus in the minor’s womb and it would endanger both lives. Also, continuation of pregnancy till normal tenure would affect the girl’s physical and mental health besides causing more risk to her life. “The mere age of twelve to thirteen is not appropriate to reproduce a child… The minor girl has a right to study and make a career but due to this pregnancy it will be impossible for the minor/victim even to be educated,” her petition added.
The mother said she wants her daughter to lead a “normal life without any complications and medical problems.”
“…every passing day produces irretrievable changes in the status of the petitioner’s daughter and foetus which she carries and … invariably have a direct impact upon the child in the womb as well as the petitioner’s daughter,” her petition said.