Cuttack: The Orissa High Court has allowed a 13-year-old rape survivor from Odisha’s Kandhamal district to undergo abortion despite being over 24-week pregnant.
“The medical termination of pregnancy in this case is not only legally permissible but also morally imperative. The concerned authorities are directed to ensure that the procedure is carried out without further delay or obstruction,” the single bench of Justice S K Panigrahi said in his verdict.
The court also directed the Health Department to formulate and implement a standard operating procedure (SOP) for medical termination of pregnancy within six months from the date of this judgment. The SOP should formally be notified and disseminated to all government and private healthcare institutions across the state, it said.
“The SOP should ensure a smooth and timely process for medical termination of pregnancy, removing avoidable delays and preventing the patient from facing unnecessary bureaucracy or drawn-out legal struggles.”
It further ordered the Department to periodically review the implementation of the SOP and take necessary corrective measures to address any procedural inefficiency. “The police stations need to be sensitized by way of issuing proper directions/ instructions to immediately rope in the District Legal Service Authority/ Para-Legal Volunteers available nearer to them so that any kind of legal assistance can be easily provided to the victims of rape who bear the brunt of pregnancy,” it added.
The minor girls was repeatedly raped by one Dinesh Pradhan of Takinajum Kanbageri G Udaygiri police limits. She, however, did not disclose the assault to her parents or anyone else following threats from the accused. Her health deteriorated, and she experienced irregular menstrual cycles, body pain, and abdominal pain. Her mother took her to a doctor, who upon examination, found that she was six months pregnant. The pregnancy was discovered at a late stage, beyond the 24-week limit prescribed under the Medical Termination of Pregnancy Act, 1971 (“MTP Act”).
The Class VII student, who belongs to the Scheduled Tribe community, also suffers from Sickle Cell Anaemia and Epilepsy, both of which are specified disabilities under the Rights of Persons with Disabilities Act, 2016.
Earlier, the HC had directed the Superintendent of MKCG Medical College and Hospital in Berhampur to convene a medical board and give an opinion on terminating the pregnancy on a plea filed by the girl’s father.
