Bombay HC’s Kolhapur bench
The survivor’s relatives later alleged that the newborn was left without feeding for nearly 11 hours and subsequently died. In March, a minor rape survivor delivered a baby girl after HC had permitted termination of her pregnancy. They further claimed that the baby’s death was concealed from the court, which was informed that the termination had been carried out successfully.
The case comes against the backdrop of a controversial incident earlier this year.
Kolhapur: Bombay high court’s Kolhapur bench has permitted the medical termination of a 25-week pregnancy of a 17-year-old rape survivor, directing that any child born alive during the procedure must receive the best available medical care.
In such a situation, the court further said the state would take complete parental responsibility if the survivor or her family declined to do so. In its order, the court directed, “If the child, despite attempted medical termination of pregnancy, is born alive, best possible medical care be given to the child. If the survivor or her family members are unwilling to take care of the child, the state agency will take full parental responsibility in respect of the child. The medical board informed the court that the foetus was close to the stage of viability, meaning there was a significant likelihood that the baby could be born alive. In such a situation, the newborn would require extensive neonatal intensive care unit (NICU) support, which provides round-the-clock intensive treatment and life-support facilities for critically ill and premature infants. The board also noted that the survivor was medically fit for the procedure. doctors cautioned that if the child was born alive, prematurity-related complications could arise, requiring specialised medical intervention While permitting the termination. The family also alleged that the infant was deliberately denied nourishment to ensure DNA samples could be collected for the criminal investigation.
A division bench of Justices Sharmila Deshmukh and Neeraj Dhote passed the order on Sept 30 after considering the report of a medical board constituted at Chhatrapati Sambhaji Maharaj Govt Medical College and Hospital, Satara, where the survivor is admitted.