The Dharwad bench of the High Court of Karnataka has permitted a 16-year-old rape survivor to abort her 26-week foetus, by allowing the application filed by her mother.
The survivor has no father and it would be difficult for her mother to look after the child, judge Justice Sunil Dutt Yadav opined while granting permission for abortion. The court also considered the opinion furnished by a team of expert doctors.
The court said that the foetus, if alive, should be preserved, subjected to DNA test and report submitted to the court. The survivor should be paid a compensation of Rs 3.50 lakh, the court directed the District Legal Services Authority and Child Protection Officer.
The girl, who went missing on June 25 was found to be 18-week pregnant by the time she was traced. She was later sent to a shelter home. Her mother had filed an application to the officers of shelter home, who in turn brought it before the district court.
The district judge can allow abortion only if the foetus is of 12 to 20 weeks. But, by that time it was of 21 week and the district court suggested the applicant to move the high court.
Accordingly, the mother of the survivor approached the high court. After hearing the matter, the court opeined that the survivor had the right to undergo abortion and the expert doctors too had given similar opinion. Advocates Anuradha Deshpande and Amrutha Kulkarni appeared for the petitioner.