The girl had become pregnant after being raped by a relative.
On Monday, October 21, 2019, the Madhya Pradesh High Court ruled that an 11-year-old rape victim can have an abortion.
Judge Nandita Dubey went on to say that extreme caution must be taken during the abortion process.
The ruling was handed down after hearing a petition by the girl’s mother.
She had submitted in writing that she alone would be responsible for the risks involved as her daughter was around seven-months pregnant.
Prior to the hearing at the High Court, the girl had been examined twice by a medical board.
The medical board produced a report which advised against the abortion, however, it did not mention what the consequences would be should the abortion take place.
The girl had become pregnant after being raped by a relative.
After finding out that her daughter was pregnant due to rape, the mother wanted her to have an abortion.
After the medical board advised against the abortion, she approached Tikamgarh District Court with an abortion plea, but it was rejected.
The Niwari district-based woman decided to go to the High Court where she handed Judge Dubey a written petition.
In the petition, the rape victim’s mother explained that she and her husband had moved to Bamor in search of work in April 2019.
She left her daughter and son with their uncle so that their education would not be affected.
When they returned in September 2019, they discovered that their daughter was pregnant.
She told her parents that her uncle raped her and threatened to kill her younger brother if she told anyone about it.
The parents went to the police and filed a case. The relative was later arrested.
At the High Court on October 21, 2019, it was ruled that the 11-year-old girl can have an abortion.
A spokesperson for the court said:
“It would be the duty of the respondent authorities to provide the best and safest medical assistance to the victim for undertaking the exercise of termination of pregnancy.”
Abortions after 20 weeks are prohibited in India but over the past few years, high courts have been making exceptions for instances involving fetal abnormalities or rape.
The court has said care must be taken due to the risks that come with abortion especially when taking into account the age of the girl and the length of time that she has been pregnant.
Late-term abortions have much higher risks for the mother than early-term abortions.
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