Family Discovers 12-Year-Old Is Pregnant, Wants Abortion

She had been raped by an uncle who has been arrested

-Mumbai, Supreme Court,Chandigarh

A Mumbai 12-year-old whose family has discovered that she is 27 weeks pregnant is planning to ask the Supreme Court for permission to abort. Late last month, a 10-year-old rape survivor was refused an abortion by the top court because doctors said it would be a threat to her life; she is eight months pregnant. The Mumbai family is being assisted by Dr Nikhil Datar. “The family approached me on Wednesday night. After diagnosis, it was found that she was 27 weeks pregnant. In fact, even her mother didn’t know about her pregnancy until a day ago,” Dr Datar, a gynaecologist, said. “We are waiting to procure all the legal documents before approaching the Supreme Court. The final decision will be taken by the court,” he said .

On July 28, a 10-year-old from Chandigarh whose case made international headlines (the girl’s parents found out their daughter was pregnant after she complained of stomach pains) was told by the Supreme Court that the opinion of a medical panel meant that she could not have an abortion. She had been raped by an uncle who has been arrested. Her family said it had accepted the judgement. “The court ruling is based on the opinion received from the qualified medical panel and we are content with the ruling,”said Alakh Alok Srivatav, a lawyer for the victim’s family.

The Supreme Court judges said they cannot allow a termination because the medical report suggested it was “neither good for the mother nor the foetus”. The pregnancy was only discovered recently after her parents took her to hospital complaining of stomach pain. The parents then approached the courts to allow an abortion. India does not allow medical terminations after 20 weeks unless there is a threat to the mother’s life. In May, the top court allowed a 10-year-old rape victim from Haryana to abort her nearly 21-week foetus.

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