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Impregnated By Uncle, 10-Year-Old Denied Permission For Abortion 

23 Jul, 2017 11:29 IST|Sakshi
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A district court in Chandigarh has rejected the plea for abortion of a 26-week pregnancy of a 10-year -old who was repeatedly raped by her uncle. As her pregnancy is in advanced stage, doctors fear for her health if it is terminated.

However, the decision of a district court in Chandigarh denying permission for medical termination of pregnancy to a 10-year-old girl has sparked debates. The girl is in her 26th week of pregnancy.

The Medical Termination of Pregnancy Act allows for termination of pregnancy up to 20 weeks only. The pregnant woman requires the medical advice of one doctor to terminate the pregnancy up to 12 weeks and permission of two doctors up to 20 weeks.

The 10-year-old was repeatedly raped by her maternal uncle over several months.

Her case is a rare one as doctors haven't seen girls at such a tender age getting pregnant. The doctors have expressed their concern over the effects this pregnancy will have on the girl.

The pelvic muscle is not fully developed at such age and thus both vaginal delivery and c-section will be dangerous for the girl.

Although, the MTP Act doesn't allow for termination of pregnancy after 20 weeks special provisions in case the fetus could prove to be fatal to the mother are included in the Act.

The act was originally introduced to prevent sex-based abortions but pregnant minor girls often turn out to be scapegoats for preventing illegal abortions.

This is not the first case of its type in India. In May this year, a 10-year old girl from Rohtak was faced with the same challenge. The court left the decision with the Post Graduate Institute of Medical Sciences which decided to terminate the pregnancy.

In 2015, the Supreme Court of India allowed for the termination of pregnancy of a 14-year old rape victim who was in the 25th week of her pregnancy.

An amendment to the Medical Termination of Pregnancy Act was introduced in the parliament in 2006. The amendment recommended increasing the time period for termination of pregnancies from 20 weeks to 24 weeks.

The amendment was aimed at empowering women with decisions about their pregnancies. The bill was again submitted to the cabinet for approval in 2017 but was returned by the PMO in May 2017. Instead the PMO asked the Ministry of Health to strengthen the existing MTP and Pre-Conception Pre-Natal Diagnostic Techniques Act.

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