For the 16-year-old Bareilly rape survivor who has been pleading to the court for an abortion after she found herself pregnant, time is running out. Denied permission to abort her 33-week pregnancy by a medical panel on Wednesday, which took nearly a week to give its report, the girl said she seems to be slowly losing her battle as the system “neither understands nor is empathetic” to her anguish. The minor survivor will now once again file a plea in the HC asking who will take care of the baby.
The girl had petitioned the court of additional chief judicial magistrate-2 (ACJM-2) on July 26 this year for termination of her then 26 weeks’ pregnancy. “I will not be in a position to raise the baby because of our finances and because the child will be a constant reminder of my trauma and shame,” she told TOI on Wednesday, recalling how the court had then rejected her plea. The family had subsequently moved the Allahabad high court on August 24, requesting intervention in the matter.
The medical report said that she will be unable to abort her fetus under the Medical Termination of Pregnancy Act which states that termination of pregnancy in such an advanced stage was not permissible. “We will again file a writ plea in the HCon Friday. We will ask what should be done to the baby now. We will also request the court to take steps for the future of the child and ask the court to pass an order as to who will take care and bear expenses of the kid,” said the family’s lawyer VP Dhyani.
“Since the accused and his family have refused to accept the child, it will be bereft of his father’s name. If the kid is born, it would always remind me of my trauma. Everyone has been telling us that the fetus cannot be aborted, but what about me? What about my life? I want the court or the government to hand over the child for adoption,” said the girl.