THE Supreme Court docket on Friday directed medical examination of a 14-year-old lady at Sion hospital in Mumbai to determine whether or not her 28-week-old being pregnant, ensuing from a sexual assault, may be medically terminated or not.
A two-judge bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala, which reassembled quickly after the day’s proceedings had been over, directed that the lady be medically examined on Saturday itself and listed the matter for listening to on April 22 morning.
The Bombay Excessive Court docket had declined to grant reduction following which the lady’s mom moved the SC.
Listening to the enchantment, the SC famous that there have been two medical stories earlier than the HC and the petitioner’s grievance was that the second of the 2 stories “was ready with none examination of” the minor.
It stated, “From the report which has been positioned on file, a placing characteristic has emerged earlier than this court docket… Prima facie the medical report doesn’t comprise an analysis of the bodily and psychological standing of the minor, notably having regard to the background main as much as the being pregnant, together with the alleged sexual assault.”
“Furthermore it could be obligatory that this court docket is apprised of whether or not the carrying of the being pregnant to the total time period would influence the bodily and psychological nicely being of the minor…,” the court docket stated.
The bench stated it’s “of the view that the petitioner’s daughter ought to be examined afresh by a medical board to be constituted on the Sion Hospital tomorrow (April 20, 2024)” and requested the medical superintendent of the hospital to represent a medical board for the aim.
It additionally requested the standing counsel for Maharashtra to make sure that due preparations are made for the transportation of the petitioner and her daughter from their place of residence to the Sion hospital and again.
It requested the medical board to “additionally opine on whether or not the termination of the being pregnant may be carried out at this stage with none menace to the lifetime of the minor”.
The bench directed {that a} copy of the report be submitted by means of the standing counsel for Maharashtra on the file of the court docket at 10.30 am on April 22.
An FIR in respect of the assault had been registered beneath varied sections of IPC and POCSO Act.