Telangana HC orders immediate medical review for pregnant minor rape survivor, asks for report by Friday

A 12-year-old girl conceives after being gangraped by ten men. Gandhi hospital refuses to medically terminate her pregnancy, following which victim's mother moved the Telangana High Court

By Legal Correspondent

Hyderabad: The Telangana High Court on Thursday directed the Superintendent of Gandhi Hospital to urgently constitute a medical board to examine a minor pregnant girl, a rape survivor with regard to gestation period of foetus and feasibility to go for medical termination of pregnancy. The court further directed the Board to submit a report by Friday morning (July 5) in a sealed cover.

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This urgent direction came from Justice B Vijasen Reddy who was dealing with a writ plea filed by victim’s mother, a domestic worker challenging the action of Gandhi Hospital superintendent in not taking steps to medically terminate the pregnancy of the minor child of the petitioner, despite the medical reports.

The petitioner also sought directions to forthwith constitute a Medical Board of Gynecologists and Radiologists to examine the minor and take steps to arrange for a medical termination of pregnancy as per the provisions of the Medical Termination of Pregnancy Act.

Vasudha Nagaraj, the petitioner’s counsel moved a lunch motion on Thursday, stating that an unforeseen incident took place with a minor child, who was gangraped by ten men and the rape survivor conceived. The counsel drew the attention of the court to what he alleged as negligence of medical practitioners when the victim approached Gandhi Hospital. The rape survivor visited the hospital for five days consecutively but there was no prompt action from Gandhi Hospital authorities, the counsel said.

The counsel informed the court that statutory gestation limit was crossed and the victim was into 26th week of pregnancy already. The judge was shocked and wondered how a 12-year-old had conceived and questioned the Assistant Government pleader about such negligent act of the doctors.

The AGP sought time to submit the report of medical board and informed that it would take two weeks to constitute a board drawing a reprimand from the judge. Justice Reddy said “a board can be constituted in ten minutes in emergency situations” and affirmed that “there is no question of granting time”.

Considering the emergency situation and age of the child the judge directed to take an immediate action and submit the report to the court by Friday. The judge would take up the matter at 2.15 pm on Friday by which time the Medical Board was directed to submit its report.