A 14 year old female child was subjected to Sexual Assault. Upon which FIR was filed in Turbhe MIDC Police Station. It was noted as a Punishable Offence under
- Section 376 of Indian Penal Code ‘Punishment for Rape’
- Section 4, 8 and 12 of Protection of Childern from Sexual Offences (POCSO) Act, 2012 which deals with ‘ Punishment for Penetrative Sexual Assault’, ‘Punishment for Sexual Assault ‘ and ‘Punishment for aggravated Sexual Assault ‘respectively.
Mother of the 14 Year old child moved towards the Bombay High Court seeking permission to terminate the pregnancy of her daughter. With the opinion of the Medical Board which is constituted at the Department of Obstetrics and Gynaecology of the Grant Government Medical College in Mumbai, HC decided to dismiss the petition declining the prayer for termination of Pregnancy. Petition alleged that, among the two reports which were submitted, the second one was prepared without the examination of her daughter.
Cass was bought before the Hon’ble Supreme Court as a Special Leave Petition. CJI DY Chandrachud and Justice J.B. Pardiwala analysed the reports and provided that the medical report lacks details about the Physical and Mental condition of the child especially to the background of the pregnancy. Court wanted to clarify on how the termination and non termination of Pregnancy would affect the child who is just 14 years old and would it have any life consequences as the child is already 28 weeks pregnant. Court has also directed for careful transportation of the 14 Year old child.
Upon the report submitted in court clarifying the above ambiguity, it was stated that there is a huge risk in termination of Pregnancy but it is much risky to carry on Pregnancy till birth. With this report, Justices delivered the order of Termination of Pregnancy carried with medical prudence and care. Justices delivered the order, stating that let the medical procedures carry on immediately, submitting the detail order statement need not delay the process. Further it was also noted by Justices that the 14 Year Old Child must not carry another one Child against her will and thus would affect the very future of her life, who has already witnessed trauma in very early age.
Reference:
A (Mother of X) v. State of Maharashtra and Anr. SLP (C) No. 9163 /2024
Name : GOPIKA PR, Second Year of B.A.,L.L.B, The Central Law College, Salem, An Intern from Legal Vidhiya in Legal Journalism
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