Minor Victim : Termination of pregnancy for minor victims of sexual assault - Permissible up to 24 weeks

Karnataka High Court Orders Termination of Minor's Pregnancy in Rape Case. Court mandates medical termination, DNA preservation, and compensation for 13-year-old victim under POCSO Act and new SOP directives.

The Karnataka High Court, in a landmark decision, has ordered the termination of a 13-year-old minor's pregnancy resulting from a sexual assault, while also directing the preservation of the fetus for DNA testing as part of the ongoing criminal investigation. Justice Suraj Govindaraj issued the order in response to a writ petition filed by the victim, represented by her natural guardian, her mother. The court emphasized the severe psychological and physical trauma faced by the minor, acknowledging the Medical Board's recommendation for the termination.

The case, registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Bharatiya Nyaya Sanhita (BNS), 2023, involved the victim being subjected to sexual assault by an acquaintance of the family. The court highlighted the importance of the victim's right to bodily autonomy, particularly given her age and the circumstances of the assault.

In a detailed judgment, Justice Govindaraj outlined several important directives: the State is to bear the medical expenses of the procedure, and compensation for the victim is to be considered under the existing victim compensation scheme. Furthermore, the court mandated the creation of a Standard Operating Procedure (SOP) for the uniform implementation of laws protecting minor victims of sexual offences. This SOP aims to ensure immediate safety, medical care, trauma-informed support, and confidentiality for victims, alongside seamless inter-agency collaboration.

The judgment underscores the importance of protecting the rights and dignity of minors in such sensitive cases, while also setting a precedent for handling similar cases with the utmost care and urgency. The court has scheduled a follow-up hearing to review compliance with the directives issued.

Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 4(2), 5(j), 5(L), 6; Bharatiya Nyaya Sanhita (BNS), 2023 - Section 351(2); Medical Termination of Pregnancy Act, 1971; Constitution of India - Articles 227 and 235.

Ms. X v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2806096