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High Court ordered to provide medical facilities and compensation for abortion to the rape victim, know the whole matter

Allahabad High Court News: Allahabad High Court has directed to provide adequate medical facilities and compensation to the minor rape victim under the ‘Rani Lakshmi Bai Mahila Samman Kosh’ scheme. The victim had filed a petition in the court seeking permission to terminate her 28-week pregnancy. But her father, after seeing his daughter’s medical report, agreed to take care of the newborn until she was adopted. In view of this, the court ordered to provide adequate medical facilities and compensation to the victim.

A bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar said that the medical board which examined the victim in compliance with the court order has unanimously opined that the victim is medically fit to undergo any operation. But considering the pre-maturity of the fetus, the newborn may or may not survive. When the victim’s father was informed about the opinion of the medical board, he filed an affidavit saying that he was ready to take care of the child till its birth and thereafter by adopting it.

Instructions given to give ex-gratia amount from Rani Laxmibai Mahila Samman Kosh

However, he requested the court that the expenses for medical care, maintenance of the newborn till adoption and other facilities should be provided by the state. In view of the pitiful financial condition of the victim and her family members, the court has ordered to provide adequate medical facilities at District Hospital Chandauli and if necessary, Sir Sunderlal Hospital BHU. Also, District Magistrate, Chandauli has been instructed to provide ex-gratia amount to the victim under the ‘Rani Laxmibai Mahila Samman Kosh’ scheme.

Let us tell you that in the petition filed by the rape victim in the High Court, a demand was made to direct the defendants to terminate her unwanted pregnancy and bear the expenses of such procedure. The victim is a class 10 student, who was raped and sexually assaulted by the accused several times. An FIR was lodged by the victim’s father against the accused on August 18, 2023 under section 363 of the IPC, to which during the investigation the investigating officer added sections 366, 376 of the IPC and sections 7/8 of the POCSO Act.

29 weeks pregnant in medical examination

Subsequently, a petition for termination of the pregnancy of the victim was filed by her father before the Chief Medical Officer, Chandauli on August 30, 2023 and the medical examination of the victim was conducted on August 31, in which it was found that she was at 29 weeks and 2 Was pregnant for the day. Since the pregnancy period had exceeded 24 weeks, permission from the court was required to terminate it.

It is noteworthy that while hearing the case on September 4, the court ordered a five-member team headed by the Medical Superintendent of Sir Sunder Lal Hospital, Banaras Hindu University, Varanasi, Department of Obstetrics and Gynecology, Anesthesia Department and Radio Diagnosis Department to examine the victim. Was requested to form.

During the hearing, the court had said that denying a woman her right not to ask for medical termination of her pregnancy in case of sexual harassment and tying her to the responsibility of motherhood would be tantamount to denying her human right to live with dignity. . Because she has rights over her body, which includes saying yes or no to becoming a mother.

Rishabh

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