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Court allows alleged rape victim to terminate pregnancy

Source : IANS
Last Updated: Sat, Mar 23, 2013 15:40 hrs

New Delhi, March 23 (IANS) The Delhi High Court has allowed a 22-year-old unmarried woman, who was allegedly raped, to get her pregnancy terminated to avoid social stigma.

A bench of Justice S.P. Garg, allowing the plea of woman to terminate her pregnancy, noted that if she was not allowed to, she is likely to face innumerable "mental, physical, social and economical problems" in future.

"To carry a child in her womb by a woman as a result of conception through an act of rape is extremely traumatic, humiliating and psychologically devastating. 'X' hails from the poor strata of the society and is likely to face innumerable mental, physical, social and economical problems in future. There are no reasons to prevent her not to exercise her option voluntarily in her interest," said the court in the order passed Friday.

The woman moved the high court saying she be allowed to terminate her pregnancy and to preserve the foetus for DNA test. In her plea, she contended that Kapil had established physical relations with her on promises to marry her. She however later came to know that Kapil was already married.

She alleged that Kapil did not inform her about his marital status before seeking her consent for physical relationship and she became pregnant as a result of the alleged rape.

The woman said that she is living alone with her friend in Delhi and her parents are not aware of her association with Kapil. She does not want to bear a child as she was cheated by Kapil and intends to punish him.

The court directed the SHO of the concerned police station with a woman police officer to accompany her and produce her before the medical superintendent, AIIMS within three days to get her pregnancy terminated. It added that a board of two medical practitioners would be constituted by the Medical Superintendent on that day itself.

"The medical board would take the decision immediately for termination of the pregnancy and it will be terminated in accordance with the provision of Section 3 of the Act. They shall preserve the foetus and DNA test will be conducted thereupon and its report shall be produced before the trial court at the earliest," Justice Garg said.

The court further said that her friend shall be permitted to take her care, as volunteered to care of her during termination of pregnancy.

"Needless to say, 'X' will be provided proper medicine, diet and nutritious food as may be necessary for her health. Copy of the order be sent to the medical superintendent, AIIMS," the order further read.

Justice Garg, before passing the order, met the woman in his chamber, in the presence of her counsel Kiran Singh in his chamber, where she has expressed her willingness to get her pregnancy terminated. The court also made enquiries from Kapil in the chamber separately and he had no objection to the petitioner (woman) getting her pregnancy terminated. He admitted that he was already married and has children.

The woman lodged report with police Jan 31, 2013 against Kapil for raping her. She was medically examined at AIIMS on the same day and it was found that she was having pregnancy of six weeks duration. Kapil was arrested and is in custody.




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