
13-Year-Old Rape-Survivor’s Desertion By Parents Unfortunate, Duty Of Society At Large To Provide Adequate Care: Calcutta High Court
Live LawThe Calcutta High Court has recently allowed a plea by a 13-year old rape survivor for medically terminating her 26-week pregnancy and issued directions on the Child Welfare Committee, Purba Mednipur to provide her younger sibling, and herself with all necessary assistance since they had been deserted by their migrant labourer-parents. In allowing the minor’s plea, a single-bench of Justice Sabyasachi Bhattacharya directed the CWC to assist the survivor in travelling to SSKM Hospital, Calcutta who would set up a medical board to determine the viability of terminating her pregnancy. Hence, taking a comprehensive view of the relevant provisions of law as discussed above, the survivor is not only a minor but a victim of rape and aggravated penetrative sexual assault and, as such, the continuance of the pregnancy resulting from such heinous crime constitutes a grave injury to the mental health as well as physical constitution of the victim…for all practical purposes it would only be justified that the victim girl’s pregnancy is directed to be terminated.” It was submitted by the petitioners that the minor survivor was a student of sixth standard, aged about 13 years, and had been living with her younger sibling, since their parents were migrant workers who worked in Assam and would infrequently return. In relying on various Apex Court judgements, as well as keeping in view Article 21 of the Constitution, the Court allowed the minor’s plea for termination of pregnancy outside the 24-week statutory limit, while directing the CWC to provide all possible support and held: A 13 year old girl, in any event, does not have a mature physical constitution to bear child properly in most cases.
History of this topic

Rape survivor allowed to abort 28-wk pregnancy
New Indian Express
Can't Force 13-Yr-Old Rape Victim Into Motherhood: Orissa High Court Permits Termination Of 26 Weeks Pregnancy
Live Law
Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim
Live Law
Orissa HC seeks medical opinion on abortion of rape survivor
New Indian Express
Rape survivors have right to say ‘no’ to motherhood: Allahabad HC
Hindustan Times
Woman Has Right To Say 'Yes Or No' To Motherhood: Allahabad HC Orders Medical Board To Examine Minor Sexual Abuse Victim's Pregnancy
Live Law
Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
Live Law
MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape
Deccan Chronicle
Chhattisgarh HC Allows Termination of Minor Rape Survivor's Pregnancy
Deccan Chronicle
Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
Live Law
In Her Best Interest: Gauhati High Court Permits Termination Of 26-Week Pregnancy Of Minor Girl Who Was Allegedly Gangraped
Live Law
Mental Trauma Not Irrelevant Consideration: Kerala High Court Permits Medical Termination Of 26-Week Pregnancy Of Minor Rape Survivor
Live Law
Gujarat High Court Issues Guidelines For Medical Board To Follow While Forming Opinion Of Termination Of Pregnancy
Live Law
Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
Live Law
Bombay High Court upholds teenager’s right to reproductive freedom
The Hindu
Mental health risk: Delhi HC allows woman to abort 22-week foetus
Hindustan Times
Woman’s decision to continue pregnancy or choose termination: HC
Hindustan Times
12-yr-old rape survivor stable after abortion in Telangana
New Indian Express
MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
Live Law
Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
Live Law
MP high court allows medical termination of pregnancy of minor rape survivor
Hindustan Times
'Foetus Has Fundamental Right To Live': SC Rejects Plea For 27-Week-Pregnancy Termination
ABP News
Supreme Court rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
The Hindu
SC rejects plea for termination of over 27-week pregnancy, says foetus has fundamental right to live
Hindustan Times
Supreme Court upholds right to life of foetus, rejects plea for late-term pregnancy termination
India TV News
India’s top court allows 14-year-old rape survivor to abort at 30 weeks to ‘protect her mental well-being’
The Independent
SC Allows Abortion for 30-Week Pregnant Minor Rape Victim, Understanding Medical Termination of Pregnancy Act
News 18
SC allows 14-year-old pregnant rape survivor to undergo abortion
Hindustan Times
Supreme Court allows 14-year-old rape survivor to abort 30-week pregnancy
India TV News
SC orders medical examination of minor rape survivor seeking termination of 28-week pregnancy
The Hindu
'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim
Live Law
Calcutta High Court pulls up doctors for terminating rape victim's pregnancy
India Today
Karnataka: 15-year-old rape victim ends life after found pregnant in Mandya district
India TV News
Kerala HC rejects plea to end 34-week pregnancy of 12-year-old
Hindustan Times
'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor Brother
Live Law
Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
Live Law
Karnataka High Court Allows Minor Rape Survivor To Medically Terminate 26-Week Pregnancy
Live Law
Kerala HC rejects plea to abort 30-week pregnancy of minor rape survivor
New Indian Express
Gujarat High Court allows termination of minor rape survivor's 27-week pregnancy
India Today
Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
Live Law
'Can't Compel Rape Survivor To Continue With Pregnancy': Gujarat High Court Allows Minor Girl To Abort Over 19-Week Pregnancy
Live Law
‘No Life Giver In World Like The Mother’: Gujarat HC Cites 'Skand Purana' While Allowing Minor Girl To Abort 17-Week Pregnancy
Live Law
Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
News 18
'No Higher Insult To A Woman Than Trying To Touch Her Dignity': Gujarat HC Allows Abortion Plea Of Girl Allegedly Raped By Father
Live Law
'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea
The Quint
SC allows rape survivor to terminate pregnancy, says conception outside marriage is injurious
Firstpost
SC allows rape survivor to terminate pregnancy, raps Gujarat High Court
Deccan Chronicle
Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court
Live Law
Allahabad high court allows termination of 12-year-old rape survivor’s pregnancy
Hindustan TimesDiscover Related












































