Jodhpur: A minor girl was allowed today by the Rajasthan High Court to have her 21-week-old pregnancy terminated.
A division bench of justices PS Bhati and Sandeep Mehta gave the permission on the plea of the minor's girl's mother, stipulating that it would be done on an undertaking by her parents.
The girl's mother had moved the court seeking permission for either termination of the pregnancy of her minor daughter or a direction to her alleged rapist to pay a compensation of Rs 50 lakhs for her welfare.
The petition had been referred to the division bench by a single-judge bench with the recommendation to decide the petition on priority basis considering the pregnancy.
Additional Advocate General Shiv Kumar Vyas said before arriving at this decision, the court sought a medical report on the condition of the foetus and risks involved, if any.
"On Tuesday, the report was produced in the court by the doctors, who told the court that though the foetus was of 21 weeks but considering the condition of the foetus and the girl, abortion could be allowed," said Mr Vyas.
He said on doctors' assurance, the court allowed the abortion, stipulating that girl's parents would give a written undertaking for it.
The girl had allegedly been kidnapped by one Gopal and got pregnant. Following a habeas corpus petition, she was produced in the court on April 19 but she refused to go back with her parent, following which she was sent to a minor girls' shelter.
Later the girl agreed to go with her parents on the condition that they would not insist upon her to marry anybody else or to have her pregnancy aborted.
"But her mother subsequently approached the competent authorities with a prayer to terminate her pregnancy which, she alleged, to be an outcome of rape," said the AAG.
"She subsequently moved the court under Article 226 of the Constitution claiming that the authorities had refused to permit termination of pregnancy, which she wanted," said the law officer.
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