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"Can't abort", Chandigarh court rules against 10-year old rape victim's plea

  • The minor was raped six or seven times by her maternal uncle whenever he visited her house.
  • Her pregnancy came to light when she complained of stomach ache to her mother.
  • Doctors say that she is not ready for delivery as her pelvic bones are not matured.
Cant abort Chandigarh court rules against 10 year old rape victims plea

In a one-off incident, a Chandigarh court ruled against a 10-year old rape victim's plea to terminate her 26-week old pregnancy, citing serious health concerns. The court disposed the application move of the minor's parents and said that an abortion could lead to a life threatening situation.  
Ironically the verdict was passed on the basis of medical reports submitted by the doctors of Gynaecology Department of Government Medical College and Hospital (GHMC), Sector 32. The order was passed by the court of additional district and sessions judge Roonam R Joshi. 

As per the medical report, the girl was six-month pregnant and hence abortion cannot be carried out. Ideally, the court allows a medical termination within 20 weeks of pregnancy under the Medical Termination of Pregnancy Act and can only make an exception if the foetus is abnormal. The girl had been raped several times by her maternal uncle. However, the her pregnancy came to light when she complained of stomach ache. When her mother took her to a took, she was confirmed 6-months pregnant. The girl's father is a government employee and her mother is a domestic help. 

Speaking to the Times of India, Dr Rashmi Bagga, department of obstetrics and gynaecology, Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, said, "I have not seen a 10-yearold girl pregnant ever before. When a menstrual cycle is missed, it is not noted by underage girls."

Dr Umesh Jindal, a well-known gynaecologist and a member of the American Society for Reproductive Medicine said, "In almost 40 years of practice, I have never come across such a case. I had seen a 13-year-old girl pregnant. If legal permission is granted treating it as an exceptional case, it's better to terminate the pregnancy as there can be complications." In fact, the official medical report by the government hospital that examined the girl also suggested a termination, owing to the age of the girl. An official said, "The victim is six months pregnant, as revealed by her ultrasound reports. We have submitted our medical advice to the court regarding termination of the foetus."

Allegedly, the uncle had raped the girl six to seven times whenever he visited the house. The case left the medical experts wondering since they did not come across anyone getting pregnant at such a young age. Doctors believe that at this age the pelvic bones are not matured enough to bear a full-term pregnancy. Both normal delivery and C-section are also dangerous at this tender age. 

Incidentally, this is not the first case. In May, another 10-year-old girl who was between 18 and 22 week-old pregnant was allowed abortion by a Rohtak court. 
 

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