Ordeal of a pregnant child rape survivor denied timely health care

The Medical Termination of Pregnancy act bars abortion after 20 weeks even in cases of rape. The CEHAT team narrates the struggle undergone by many child rape survivors who wait for court orders to decide if a child should birth child. Munni was 28 weeks pregnant when the court granted the order for termination of her pregnancy. By the time the procedure was carried out she was 31 weeks pregnant. What caused this delay? Read ahead to find out.

All names of characters and hospitals have been changed to maintain anonymity.

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Munni, a 12 year old girl, was discovered to be 23 weeks pregnant at the rural hospital after she complained of pain in her abdomen. She was brought to a public hospital in a metro city by the police for a medical examination. 

A complaint was immediately recorded with the police but Munni was not willing to reveal anything about the abuse or abuser. 

Munni kept quiet throughout the entire medical examination at the hospital. 

The mother pleaded with her. She said that the police will arrest her if the girl didn't reveal the name. That is when the girl broke down. The abuser was her mother's employer. He had repeatedly raped her and had warned her against telling anyone or else he would kill her mother.  

As news of Munni's pregnancy spread, they were ostracized by their extended family and community. They had no place to live in the city and only a maternal aunt supported them. 

A counsellor discussed the possible course of action for Munni's health with the mother and the mother mentioned that they wanted to terminate the pregnancy. The doctors had informed her that they are not allowed to terminate pregnancy beyond 20 weeks. 

The Medical Termination of Pregnancy (MTP) Act allows termination of pregnancy only upto 20 weeks of gestation, even in cases where minors have been raped. So the counsellor suggested that the court be approached to get permission for an abortion. 

An application was made to the High court seeking permission for MTP. By now the gestational age of the pregnancy was at 24 weeks.