The Allahabad High Court has ruled that a 13-year-old rape victim cannot undergo an abortion due to her being at 32 weeks of pregnancy, determining it unsafe to terminate at such an advanced stage. The court has directed the Uttar Pradesh government to bear all expenses related to the birth of the child.
The minor, a resident of Hapur, was sexually assaulted by a close relative, leading to her pregnancy. The medical examination conducted after filing the FIR confirmed her condition, prompting a legal petition for abortion. A medical board was subsequently convened as per the orders of Justice Shekhar B Sarraf and Justice Manjeev Shukla, who sought an expert opinion on the feasibility and safety of conducting an abortion.
The medical board concluded that continuing the pregnancy was safer than termination, citing significant risks to the girl’s life if an abortion were attempted at this stage. Based on this recommendation, the court declined the petition for abortion.
In its ruling, the court highlighted that the state government should assume financial responsibility for the childbirth, acknowledging that the victim lacks familial support. Furthermore, considering the victim’s circumstances, the court suggested that the child might be put up for adoption post-birth and instructed the Director of the Central Adoption Resource Authority to take appropriate steps to facilitate this process.
