Jabalpur High Court (symbolic picture)
Digital Desk, Jabalpur. Madhya Pradesh High Court has given priority to the wishes of the minor rape victim in an important and sensitive case and has given her permission to give birth to a child. A single bench of Justice Vishal Mishra made it clear that abortion cannot be ordered without the consent of the victim. The court also directed that the state government should bear all the expenses related to delivery.
As per the court order, the delivery of the victim will be done under the supervision of specialist doctors at Hamidia Hospital in Bhopal, so that the safety of the mother and the newborn can be ensured.
Age of the victim is 16 years 7 months
The matter reached the High Court when the concerned District Court sent a letter to the minor victim for guidance regarding abortion. After this the court called for the medical report of the victim. In the report, the age of the victim was stated to be 16 years 7 months and gestation period was 29 weeks 1 day, which is within the legal limit for delivery. The victim was also given information about all the options related to abortion and delivery.
Injured by abortion, the court considered the statement decisive
In her statement, the victim clearly denied having an abortion and said that she had married of her own free will and wanted to give birth to a child. However, the victim's parents are not ready to keep her together. Taking this statement on record, the court said that the will of the victim is paramount and abortion cannot be allowed against her wishes.
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Responsibility to Child Welfare Committee
The High Court has directed the Child Welfare Committee to keep the victim under its custody till she attains majority and to take all possible steps for the safety and care of the newborn child.