The Karnataka High Court has directed the state government to conduct an audit of all measures taken to assist minor victims of sexual assault. Justice Suraj Govindaraj issued the order while permitting a 13-year-old sexual assault victim to terminate her 29-week pregnancy.
Court Permits Late-Term Abortion for Minor
Justice Suraj Govindaraj allowed the termination of the 29-week pregnancy, noting that continuing the pregnancy would cause severe mental and physical trauma to the minor. The court appointed a medical board to assess the situation, which recommended termination due to risks to the girl's health.
The victim, a resident of Bengaluru, had been sexually assaulted by a known person. She became pregnant as a result of the assault. The court emphasized that the minor's well-being was paramount and that the state must ensure all necessary support is provided.
Audit of Victim Assistance Measures
In its order, the High Court expressed concern over the lack of adequate support systems for minor victims. Justice Govindaraj stated, "The state must conduct a comprehensive audit of the steps taken to assist minor victims of sexual assault, including medical, psychological, and legal aid." The court directed the Department of Women and Child Development to submit a report within three months.
The audit will cover the implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015. It will assess the availability of crisis intervention centers, counseling services, and legal assistance.
Details of the Case
The minor girl was brought to the High Court seeking permission for medical termination of pregnancy. According to the petition, the pregnancy was discovered at 24 weeks, beyond the legal limit of 20 weeks for abortion under the Medical Termination of Pregnancy Act, 1971. The court allowed the termination based on the medical board's report and the minor's best interests.
The court also ordered the state to provide the victim with free medical care, psychological counseling, and rehabilitation. The accused in the case has been arrested and is in judicial custody.
Broader Implications
This case highlights the challenges faced by minor victims of sexual assault in accessing timely medical care. The High Court's directive for an audit aims to identify gaps in the system and ensure that victims receive comprehensive support. According to data from the National Crime Records Bureau, over 32,000 cases of child sexual abuse were reported in India in 2023, with many victims lacking adequate assistance.
The court's order underscores the need for a coordinated response from law enforcement, healthcare providers, and child welfare agencies to protect minors and provide them with the necessary care and justice.
