Bhopal: The MP high court refused to allow medical termination of pregnancy (MTP) of a 14-year-old mentally challenged girl, who is 30-week pregnant and asked the state govt to bear the expenses of the child birth and subsequent upbringing of the child till he/she becomes an adult.
The girl had become pregnant following rape and the medical board that was asked for opinion over the issue of medical termination of pregnancy had advised against it saying that it could be risky for the minor girl.
Asking the state govt to bear the expenses of the child till adulthood, Justice Vishal Dhagat said that directive principles of the Constitution provide for healthy upbringing of the child in a condition of freedom and dignity and their protection from exploitation, moral and material abandonment.
Father of the minor girl had filed a petition in the court seeking medical termination of the pregnancy of his daughter. He contended that his daughter is mentally challenged and he is her only guardian who works as a labourer and is not in a position to bring up the child born to his daughter. In the light of her mental, physical and psychological condition and the impact of motherhood at this tender age, medical termination of pregnancy should be allowed, he said.
However, the court, while taking into consideration the medical opinion which said that the foetus is normal, continuation of pregnancy poses no risk to the minor girl and surgery for medical termination of pregnancy could be risky for her, said that medical termination of pregnancy beyond 24 weeks is permissible only when continuation of pregnancy and birth of the child poses no threat to life of the pregnant woman. The court further said that despite the fact that pregnancy due to rape causes anguish which may be termed as grave mental injury to the rape survivor but at this stage of pregnancy, mind of the foetus is rapidly developing, its heart starts beating it can feel most of the stimuli, its internal systems are developed and the foetus controls its body heat, all the organs of the body are formed and they move. If death is caused to an unborn child in this condition, it attracts the charge of culpable homicide.
The court therefore refusing the permission of medical termination of pregnancy said that the state govt would bear the cost of childbirth and upbringing of the child till adulthood as the girl being minor and mentally challenged can’t do it herself and if the petitioner (father of the child) expresses desire to adopt the child, the govt would help him and take necessary steps in that direction.
