New Delhi: In an important judgment, the Telangana high court had on Tuesday allowed a minor girl, who was allegedly sexually abused by an extended member of her family, to terminate her pregnancy.
According to the New Indian Express, the court observed that the life of the foetus cannot be prioritised over the life of the petitioner and directed the Government Maternity Hospital in Koti, Hyderabad, to terminate the pregnancy, either medically or through surgical procedure within 48 hours after taking due precautions.
Delivering the order, Justice B. Vijayasen Reddy said that the procedure must be performed by the seniormost gynaecologist of the hospital. Tissue and blood samples of the foetus must be collected for conducting DNA and other tests, the court also directed.
Since 48 hours have passed since the order was issued, the hospital would have completed the procedure. However, according to the New Indian Express, the hospital did not comment on the girl’s condition since she is a minor. Since she has levelled allegations of sexual exploitation, her identity also cannot be revealed under Indian laws.
The 16-year-old girl had filed a petition in the high court through her mother, seeking a direction to terminate her pregnancy medically, as per the provisions of the Medical Termination of Pregnancy Act, 1971 and as amended in 2021.
The petition said a member of her extended family had sexually exploited the girl. She was allegedly threatened and emotionally abused with dire consequences. Therefore, she did not reveal the abuse to anyone in her family.
The pregnancy was discovered when the girl was unwell and was taken for a medical check-up. When her parents enquired, the girl told them that the accused had threatened to kill her mother.
A woman’s right to terminate a pregnancy is read under the constitutionally guaranteed right to life and personal liberty, enshrined in Article 21 of the Indian constitution.
