Cuttack: The Orissa High Court has granted permission for the termination of a 13-year-old rape survivor’s pregnancy, which has exceeded 24 weeks.
The minor, who is suffering from sickle cell disease (SCD), was allowed to undergo the procedure following a petition filed by her father.
A single-judge bench of Justice SK Panigrahi ruled that the medical termination of pregnancy (MTP) in this case is not only legally permissible but also morally imperative. The court directed the concerned authorities to ensure the procedure is carried out without delay.
Justice Panigrahi stated, “The medical termination of pregnancy in this case is not only legally permissible but also morally imperative. The concerned authorities are directed to ensure that the procedure is carried out without further delay or obstruction.”
The court also instructed the Health and Family Welfare (H&FW) Department to formulate and implement a standard operating procedure (SOP) for medical termination of pregnancy (MTP) to address similar cases in the future.
Earlier, the High Court had directed the Superintendent of MKCG Medical College and Hospital in Berhampur to convene a medical board and provide an opinion on the termination of the minor’s pregnancy. The board’s findings were crucial in the court’s decision.
The petitioner, the father of the minor, informed the court that his daughter had become pregnant due to rape and was suffering from sickle cell disease, a condition that complicates pregnancy. He urged the court to allow the termination to safeguard her health and well-being.
Under the Medical Termination of Pregnancy (Amendment) Act, 2021, abortion is not permitted beyond 24 weeks of pregnancy unless there are exceptional circumstances. The court’s decision in this case highlights the importance of considering the physical and mental health of survivors in such sensitive matters.
