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End pregnancy of rape victim: Madras High Court

Posted March 18th, 2015, 05:00 PM IST

End pregnancy of rape victim: Madras High Court

Chennai: Considering the mental and physical health of a 15-year-old rape victim, the Madras High court directed the doctors to abort her pregnancy immediately.

Disposing of a writ petition from a mason, her distraught father, justice T.S. Sivagnanam said “In the light of the submissions made by petitioner and taking into consideration the opinion given by the doctor of Dharapuram Government Hospital, the doctors directed to consider his request as expeditiously as possible keeping in mind of the health condition of the girl.”

Petitioner Sundaresan of Tiruppur district (name changed) submitted that his daughter was allegedly raped. The All Women Police Station at Dharapuram registered a case for committing offence under Sections 3 and 4 of Protection of Child from Sexual Offences Act read with Section 450 and 506(ii) of IPC

The petitioner said, “She was a Class IX student and became pregnant”.

Counsel for petitioner, N. Ponraj, contended that the petitioner seeks direction from the court enabling doctors to terminate her pregnancy as per section 3(2)(a) of the Medical Termination of Pregnancy Act, 1971.

He sought direction to the doctors to consider the plight of his daughter, as grave injury would be caused to her physical and mental health.

“If the foetus was not aborted her dignity and purity of physical frame will be shattered and she would grow up with traumatic experience and unforgettable shame. Hence, direction needed to the doctor to abort the pregnancy as per Section 3 of the Act”, the counsel added.

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