Karnataka High Court permits 13-year-old rape victim to terminate her 25-week pregnancy

The High Court of Karnataka has permitted a 13-year-old rape victim to terminate her 25-week pregnancy. The court directed the superintendent of Vani Vilas hospital to carry out the procedure for termination of pregnancy at the cost of the State.

However, the procedure is subject to further examination by the doctor, who has to conduct the procedure. If in the opinion of the doctor, such a procedure would cause harm or injury to the life of the petitioner, the doctor shall have the final say in deciding whether to go ahead with the procedure.

Justice M. Nagaprasanna passed the order on a petition filed by the girl through her mother, seeking permission from the court to terminate her pregnancy, which is a result of sexual assault. 

DNA test on foetus

If the doctor is of the opinion that medical termination of pregnancy has to be carried out, and is, in fact, carried out, the foetus shall be preserved by the hospital in such a manner as to facilitate DNA testing at the Central Forensic Laboratory in Hyderabad or Bengaluru, the court said as the rape case in under investigation by the Bengaluru police. 

The court also directed the police to provide transportation facility to the girl and her immediate family members or attendant to get to the hospital to undergo the procedure and drop them back home. The police have been directed to provide similar transport facility for any follow-up treatment as per the advise of the doctor. 

The procedure for termination of pregnancy, follow-up treatment and transportation facility should be free of cost to the girl, and no payment is liable to be made on her behalf, the court stated.