On 14 September, a medical panel denied permission to a 14-year-old rape survivor to legally terminate her 33-week-pregnancy.
But the panel took a week to submit its report. This is after the Chief Medical Officer of Bareilly, Dr Vijay Yadav, took a week to allow the medical examination of the rape survivor in a farcical game of musical chairs between the Allahabad High Court, the CMO and the District Magistrate.
Tracking the progress of the case since June 2016, what emerges is a trail of avoidable legal delays, insensitive doctors and a blatantly bureaucratic approach to deal with rape survivors in India.
And caught in the middle of it all?
A 14-year-old rape survivor who neither wants to nor is emotionally or financially capable of raising a child. But now, is forced to give birth to one.
May 2016: Rape is Reported in the Village
The 14-year old girl was employed in the house of Asif alias Majhle in Bairamnagar village. He raped her repeatedly on the pretext of marrying her. The girl’s father was out of village, working on a construction site. On 26 May 2016, relatives told him that his daughter was pregnant and he returned to his village. In an interview to Hindustan Times, the father said,
I went against my community for justice and this is what I get. They used every possible ploy to break us, but I trusted the law and went to police.
The villagers asked him to marry his daughter to the accused, and wanted him to not report the matter to police. When the family members of the girl met the accused, Asif, along with his relatives, allegedly assaulted them. The girl’s father decided to file an FIR.
June 2016: FIR is Filed, Survivor is 19 Weeks Pregnant
Two weeks later, on 9 June, the girl’s family files an FIR. At the time of filing the FIR, she is sent for a medical examination, where it is revealed that she was 19 weeks and 6 days pregnant.
Here, the father alleges that the FIR said that she was 18-years-old even though her school records (she is a Class V drop-out) prove that she is 14-years-old. This discrepancy is allegedly why the girl’s family could not appeal in time for Medical Termination of Pregnancy (MTP).
July 2016: Appeal for MTP is Filed, Survivor is 26 Weeks Pregnant
On 26 July, they filed an appeal for MTP with the Additional Chief Judicial Magistrate. At this point, the minor survivor is 26 weeks pregnant.
Under the Section 3 of MTP Act, 1971, the period of pregnancy should not exceed 12 weeks for an abortion or not exceed 20 weeks in case the physical and mental health of the mother is at risk. In the explanation in the Act, the anguish caused by pregnancy due to rape is presumed to be a grave injury to the mental health of the woman.
Taking into account earlier cases where courts have relaxed the MTP Act to allow rape survivors to terminate their pregnancy, this would have been an appropriate time medically for the courts to take the same decision for the girl.
17 August 2016: Fast Track Court Rejects Her Plea
The girl’s family then files a revision in the sessions court against the order of the lower court. The sessions court transfers the case to a fast track court of Brijesh Mani Tripathi.
On 17 August, the fast track court rejected her plea despite examples given by the counsel of the 25 July case, where the SC had allowed a rape survivor to abort a 26 week foetus. But here, the court ruled against the abortion, here was no threat to the life of the girl.
For instance, on 25 July 2016, the Supreme Court (SC) passed an order to terminate a woman’s 24-week-pregnancy which sparked a huge debate on India’s abortion laws, particularly with respect to rape survivors.
24 August 2016: Appeal is Filed in Allahabad High Court, Asked to See the Chief Medical Officer
They file an appeal in the Allahabad High Court. The petition is disposed on 29 August asking the girl’s father to move an application before the Chief Medical Officer (CMO) Vijay Yadav.
3 September 2016: CMO Rejects the Girl’s Plea, She Goes to the District Magistrate
According to VP Dhyani, the counsel for the girl, when he approached the Chief Medical Officer, Dr Vijay Yadav, he declined to take any action regarding the court’s order. They go to the District Magistrate to secure an order for pregnancy termination and then approach the CMO again. By this time, there has been an unnecessary delay of three days.
6 September 2016: Survivor is Asked to Come Again a Day Later by the CMO
On 6 September 2016, the minor rape survivor goes with her father for a medical examination and is asked to come again a day later. In an interview to Hindustan Times, the girl’s father said:
He did not meet the girl at Bareilly District hospital, a kilometre away from his office. Neither did he ask doctors to start the tests. We waited for over three hours at the CMO’s office, he didn’t turn up.
The family was then asked to visit the CMO on Thursday, on 9 September. Later, it was reported that the CMO was attending Tehsil Diwas and was thus, busy.
14 September: Nearly A Week Later – A Decision
After the medical examination was conducted on 9 September 2016, the medical panel denied permission for medical termination. According to doctors, the maximum limit for MTP medically is 28 weeks, crucial weeks which could have been saved if the CMO and the courts had acted with sensitivity and speed.
(With inputs from The Hindustan Times and The Times of India.)
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