MUMBAI: The Bombay HC rapped the Child Welfare Committee, Thane district, for directing medical termination of pregnancy (MTP) of a 17-year-old gangrape survivor who is speech-and-hearing impaired. It made it clear that it is only the high court that has the power to decide on MTP petitions.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar said on Wednesday that though the CWC has a “significant role” to play in the welfare of children under various laws, including the Juvenile Justice (Care and Protection of Children ) Act, 2015 and POCSO Act, 2013, “it would be advisable that they should not venture into an arena where they are not authorised and leave it to the (high) court to decide”.
On August 28, the HC allowed the mother’s plea to terminate her daughter’s 24-week pregnancy.
HC lets minor terminate pregnancy
At the hearing, her advocate Ashley Cusher drew the court’s attention to the CWC’s letter of August 14 to the police, in which, it wrote that the survivor and her mother have agreed to MTP and in “best interest of the victim” passed this order: ‘Permission for MTP is granted of the victim under any suitable anesthesia at any municipal hospital. After MTP police should inform CWC’.
When the police tried to get her admitted to JJ Hospital, they were told HC’s permission is a must. The mother then moved HC. The MTP was done on August 31 at JJ Hospital after HC allowed the mother’s plea to terminate her daughter’s 24-week pregnancy.
The judges noted that while it appreciates the concern of CWC, but issuance of such orders for MTP is not within its purview.
A bench of Justices Ujjal Bhuyan and Madhav Jamdar said on Wednesday that though the CWC has a “significant role” to play in the welfare of children under various laws, including the Juvenile Justice (Care and Protection of Children ) Act, 2015 and POCSO Act, 2013, “it would be advisable that they should not venture into an arena where they are not authorised and leave it to the (high) court to decide”.
On August 28, the HC allowed the mother’s plea to terminate her daughter’s 24-week pregnancy.
HC lets minor terminate pregnancy
At the hearing, her advocate Ashley Cusher drew the court’s attention to the CWC’s letter of August 14 to the police, in which, it wrote that the survivor and her mother have agreed to MTP and in “best interest of the victim” passed this order: ‘Permission for MTP is granted of the victim under any suitable anesthesia at any municipal hospital. After MTP police should inform CWC’.
When the police tried to get her admitted to JJ Hospital, they were told HC’s permission is a must. The mother then moved HC. The MTP was done on August 31 at JJ Hospital after HC allowed the mother’s plea to terminate her daughter’s 24-week pregnancy.
The judges noted that while it appreciates the concern of CWC, but issuance of such orders for MTP is not within its purview.
