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Rajasthan HC allows medical termination of pregnancy of a sex worker: Deemed equal to a rape victim

Team SoOLEGAL 13 Apr 2020 6:08pm

Rajasthan HC allows medical termination of pregnancy of a sex worker: Deemed equal to a rape victim

Rajasthan High Court directed the Superintendent of Umaid Hospital, Jodhpur to allow a sex worker to terminate her pregnancy within 3 days, who was coerced by members of her family into prostitution after her parents passed away.

 

Justice Dinesh Mehta directed the termination of pregnancy after a woman filed a petition alleging that her family members had forced her into prostitution after her mother and father's passed away.


The petitioner in person said, “Jannat Bano coerced her against her wishes in sexual immorality”. She also adds that she had conceived about one year ago and Jannat Bano facilitated and funded the termination of her pregnancy ... this time, bano, the person to whom the petitioner’s relative had sold her, to discontinue the pregnancy as she wants the petitioner to deliver the baby so that the child can be sold for money.”

The medical report issued by three doctors, including gynecologists, was submitted by Mr. Pankaj Sharma, AAG, who reported that the age of the foetus was 17 weeks and 3 days, with no more risk than the usual risk.

 

Throughout the hearing, the Court observed: "The petitioner’s prayer has to be examined from the perspective of the child in the womb too, who is also a living organ. The prospective child in the womb has no say in the present proceedings, this Court has, therefore, to substitute itself as a parent – the parens patriae and do a balancing exercise”

 

"His/her emotional anguish would be no less if the infant is allowed to be born in his womb. He or she must still remember the history of the applicant, and it will continue to throw his or her heart and hammer his / her mind and soul that his / her paternity is not established" the court said.

Also, the Court directed the Superintendent of the Umaid Hospital, Jodhpur, to ensure that at least two medical practitioners legally terminate the petitioner's pregnancy, within 3 days. The Apex Court further noted that this should not be considered a precedent-setting an absolute rule, that any woman engaging in prostitution has an inviolable right to terminate her pregnancy. It was therefore driven for this case since the complainant's emotional distress had to be deemed equal to that of the victim of rape, is special to this situation.



Tagged: Rajasthan High Court   Umaid Hospital   Jodhpur   Justice Dinesh Mehta   Mr. Pankaj Sharma   medical termination  
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