Telangana HC directs Gandhi Hospital to seek minor rape survivor’s consent for abortion

The question that came for consideration is that, whether a healthy foetus can be terminated.

⁠Hyderabad: The Telangana High Court on Friday dealt with peculiar issue regarding ‘right of a 12-year- old pregnant child vs the Right of a 26-week-old unborn child/foetus’.

Justice B Vijaysen Reddy decided the matter by directing Medical Board constituted by Gandhi Hospital to seek consent of minor rape victim and mother of the minor for terminating pregnancy of the child.

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As directed by the court on Thursday, the Medical Board constituted by Gandhi hospital has submitted a report on status of foetus in a sealed cover to the High Court. The question that came for consideration is that, whether a healthy foetus can be terminated.

The Petitioner’s counsel, Vasudhara Nagraj clarified with the court that in the cases of survivors of rape, the consent of the victim was of paramount importance irrespective of the victim being minor or major.

The counsel buttressed her argument by relying upon Supreme court judgement in A( mother of X) Vs State of Maharashtra, 2024. The counsel also brought to the notice of the court that the father of the victim child has succumbed to alcoholism and died three years ago and that the mother is a domestic worker taking care of three daughters and she sought directions for termination of pregnancy.

The Government pleader for women and child welfare development stepped in at later part of the hearing and submitted to the court that, If the child is born the child welfare committee would take care of the child.

The petitioner counsel also highlighted the need for guidelines to Police department and Child Welfare Department in dealing with similar cases, the judge however pointed out that can be dealt at a later point of time considering the urgency and paucity of time in dealing with present case. The detailed order of the court is awaited.