HC refuses permission for minor girl’s abortion

Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay High Court rejected a petition seeking permission for the abortion of a Jalgaon-based minor girl, on the basis of the medical report.

In the report, it was stated that if the girl delivers a premature baby that may face a threat to life. According to details, the 15-year-old went missing in February month. She was found living with a youth in Rajasthan for three months. Police lodged a case against the youths under the sections

Protection of Children against Sexual Offences Act (POCSO). Her mother filed a petition through adv Rutuja Jakhade requesting to grant permission for the abortion of her minor daughter at the Government Hospital of Jalgaon. The HC bench

comprising Justice Ravindra Ghuge and Justice Y G Khobragade sent her to the Government Hospital for the examination. The Hospital was instructed to send the clear medical report to the email address of the Government pleader by 5 pm the next day. The court also asked Government pleader S K Tambe to seek the medical report.

According to the report, the premature baby will need to be kept in the NICU and special care has to be taken. Public prosecutor Siddharth Yawalkar pointed out to the court that since she is a minor girl, there is a question about her mental health. Taking note of the report, the bench ordered that the girl's parents should apply with the Child Welfare Committee which should take care of the girl's health and her delivery.

“As the mental condition of the girl victim is very delicate, she should be counselled keeping in mind that the abortion may also pose a danger to her life. The committee should bear the expenses incurred for all these things,” it was mentioned in the orders.

The police registered a case under the POCSO Act against the youth. After the court rejected permission for the abortion, the victim's mother requested that her daughter should be kept in a hospital or an NGO until delivery. So, the court issued orders to keep the girl in a shelter home in Nashik or Chhatrapati Sambhajinagar.

Observing that abortion may pose a threat to the life of 28 weeks foetus as it was not developed sufficiently, the court refused permission for the girl’s abortion.