Rape victims can end pregancy without medical board’s consent,says High Court

Madras High Court says rape victims can end pregancy without medical board’s consent

The Madras High Court Friday said a rape victim need not approach the medical board or the judiciary to terminate her pregnancy provided its length has not exceed 20 weeks.

Disposing of a criminal original petition from a victim, Justice N Anand Venkatesh said in all cases of unneeded pregnancy suffered by a victim, she need not be referred to the medical board if the length of pregnancy does not exceed 20 weeks.

“The termination of pregnancy can be done as per the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971. The victim girl should not be unnecessarily made to knock the doors of this court,” he said in his order.

The petitioner, a girl, who was allegedly raped by a man Naveeth Ahamed under duress as a result of which she became pregnant, sought a direction to transfer the probe from local police to the Crime Branch CID.

The assailant had recorded videos and intimidated her to yield to his carnal desires, she alleged and sought a direction to the state-run Institute of Obstetrics and Gynaecology, to medically terminate her pregnancy.

After filing a police complaint against the alleged rapist, she petitioned police to arrange for termination of her pregnancy.

Since police did not take steps, she herself got admitted to the institute. Though doctors initially agreed to terminate her pregnancy, she was subsequently discharged in view of the police case and the need for forensic examination.

Left with no other alternative, when the petitioner moved the High Court, it directed her to the government Kasturba Gandhi Hospital for Women and Children, where it was revealed that she was 8 to 10 weeks pregnant.

The government hospital and the institute wrote to the Dean, Rajiv Gandhi Government General Hospital here, that only the medical board there could terminate the pregnancy.

The court then directed police to take the petitioner to RGGGH and tasked the hospital to proceed with the termination of pregnancy and take samples for DNA test and hand it over to the Forensic lab.

Accordingly, the medical board evaluated the petitioner, the pregnancy was terminated and it was reported to the court on June 18.