Madras High Court (Madurai Bench) hearing the petitioner’s minor niece, namely J, D/o.Late Kaaliappan, aged about 15 within the time frame fixed by this Court, said if a foetus in the womb is given a choice it will definitely choose not to be born.It was alleged that the 15 years girl was kidnapped and established physical intimacy with J several times and since J had become pregnant, the petitioner approached the Court to direct the official respondents to terminate her pregnancy.
The law of the subject is set out in Section 3 of the Medical Termination of Pregnancy Act, 1971 the section says that pregnancy cannot be terminated without guardians permission. But in this case her father died and her mother is mentally unsound, and her uncle gave permission for termination of pregancy.
The Medical examiner was brought to check the pregnancy status and it was categorically opined that her gestational age is about 10-11 weeks and that continuing the pregnancy may endanger her physical and mental health.
The Court must put itself in the shoes of the unborn child and objectively decide if coming into this world would be in its best interest.”Though the minor might have accompanied the accused Sundar on her own volition, technically what has been committed is a non- compoundable offence under Section 6 of the Protection of Children from Sexual Offences Act, 2012.
If a choice is given to the foetus now in the womb of the minor, it would definitely proclaim that it would not wish to be born.” Says courtThe Protection of Children from Sexual Offences Act, 2012 contains beneficial provisions for payment of compensation under Section 33(8) of the act.
It was held that the girl is allowed to terminate her pregnancy, The Special Court will pass appropriate orders so that a sum of Rs.5,000/-(Rupees Five Thousand only) is credited every month to the bank account of Thiru.Veluchamy for the purpose of maintaining J.
Such a remittance will be made for 36 months. This Court will make arrangements for providing the necessary funds for disbursement by the Special Court.Mahalakshmi v. The District Collector [W.P.(MD)No.659 of 2021].