The Punjab and Haryana High Court has recently refused to allow the abortion of a 12 year old girl who is 28 weeks pregnant as a result of rape. In Kavita v State of Haryana, the petitioner(mother of the victim) alleged that her daughter being a minor, the continuation of the pregnancy is of danger to her daughter's health and life. However, the doctors contented that it is of no imminent danger though they conceded that teen pregnancies are high risk in nature.
The Medical Termination of Pregnancy Act, 1971, deals with the provisions related to when a termination can be justifiably done. The Act lays down the provisions relating to the conditions where termibation is lawful, the qualifications of medical practitioners, the place where such termination can be done, punishment for illegal abortions. Section 3 of the Act provides that notwithstanding anything contained in the Indian Penal Code, 1860, a pregnancy can be terminated at 12 weeks by the opinion of one doctor and between 12 and 20 weeks by the opinion of two doctors who bonafidely believe that such a pregnancy is either harmful to the mental or physical health of the mother or the child if born will have physical or mental abnormalities to be handicapped. Such a termination can be done by the consent of woman alone if she is adult or with the consent of her guardian if she is minor. Pregnancy as a result of rape or failure of sterilization is said to amount to mental anguish.
Section 4 provides for the approval of space for termina of pregnancy.
Section 5 provides that where the continuation of pregnancy poses grave danger to the health of the mother, the provisions of Sections 4 and of 3 relating to term if pregnancy shall not apply. It further provides that a medical practitioner performing an abortion in contravention of this shall be punishable with a term of 2 years which may extend upto 7 years and the person providing space for such termination shall be punishable with a term of 2 years which may extend to 7 years.
The Medical Termination of Pregnancy Act, 1971, deals with the provisions related to when a termination can be justifiably done. The Act lays down the provisions relating to the conditions where termibation is lawful, the qualifications of medical practitioners, the place where such termination can be done, punishment for illegal abortions. Section 3 of the Act provides that notwithstanding anything contained in the Indian Penal Code, 1860, a pregnancy can be terminated at 12 weeks by the opinion of one doctor and between 12 and 20 weeks by the opinion of two doctors who bonafidely believe that such a pregnancy is either harmful to the mental or physical health of the mother or the child if born will have physical or mental abnormalities to be handicapped. Such a termination can be done by the consent of woman alone if she is adult or with the consent of her guardian if she is minor. Pregnancy as a result of rape or failure of sterilization is said to amount to mental anguish.
Section 4 provides for the approval of space for termina of pregnancy.
Section 5 provides that where the continuation of pregnancy poses grave danger to the health of the mother, the provisions of Sections 4 and of 3 relating to term if pregnancy shall not apply. It further provides that a medical practitioner performing an abortion in contravention of this shall be punishable with a term of 2 years which may extend upto 7 years and the person providing space for such termination shall be punishable with a term of 2 years which may extend to 7 years.
Again a 24 year old victim of gang rape has approached the Gujrat High Court for the termination of her 27 week pregnancy.
ReplyDeleteCases where pregnancy is caused as a result of rape should be handled in fast track mode so as to avoid the pregnancy from progressing and causing mental anguish to the rape victim. Further, steps should be taken so as to ensure that the woman is not forced into going for illegal abortion which might be dangerous to her life and health.
The decision to have a child or not belongs to the woman alone and law should assist the woman.