In a significant ruling, the Allahabad High Court has denied the abortion request for a 13-year-old rape survivor, refusing to permit the termination of her 32-week pregnancy due to greater health risks associated with the procedure.
The court’s decision came after reviewing a report from a medical board, which advised that continuing the pregnancy would be less hazardous for the young girl.
The case stems from a tragic situation where the girl became pregnant following a sexual assault by a relative with whom she was living.
After the incident was reported, medical examinations confirmed that she was approximately 28 weeks pregnant.
Seeking relief, the girl petitioned the High Court for permission to terminate her pregnancy.
In its ruling, the High Court expressed concern about the girl’s ability to make an informed decision regarding her options.
The court highlighted the complexities involved in choosing between terminating the pregnancy and carrying it to term, particularly given her age and circumstances.
A division bench comprising Justice Shekhar B Saraf and Justice Manjeev Shukla concluded that the risks of medical termination outweighed those of completing the pregnancy.
The court emphasized that at such a young age, the girl is not in a position to adequately weigh the implications of her choices.
In addition to denying the abortion request, the court instructed the state to cover all expenses related to the birth of the child.
Acknowledging that the girl lacks family support, the court indicated that she intends to give the child up for adoption.
Consequently, it directed the Director of the Central Adoption Resource Authority (CARA) to initiate the necessary procedures for adoption in accordance with legal protocols.
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