The Madhya Pradesh High Court has ordered that a 17-year-old rape victim be relocated from the residence of the accused, with whom she claimed to be in love. Justice Vishal Mishra ruled that since the girl is a minor, she cannot legally stay with the accused and must either be returned to her parents or placed in a government-run shelter home (Nari Niketan) until she turns 18.
The order came in a suo motu writ petition initiated by the Court. This was after a POCSO judge referred the matter concerning the rape victim pregnancy. As per earlier medical reports, the minor rape victim is over 26 weeks pregnant. The Court stressed that all necessary precautions must be taken regarding her health, particularly in light of her advanced pregnancy.
The Court further directed the police to first attempt to place the girl with her parents. If the parents do not want to accept her, the girl must be placed under the care of Nari Niketan. She may also be placed in Mauganj or Rewa. If she herself refuses to go home, the same action is needed. The shelter’s superintendent was instructed to ensure full care and protection for the girl.
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A team of doctors had previously found her hemoglobin levels dangerously low, making her unfit for abortion. She was asked to undergo a fresh medical evaluation on July 15. She declined. She stated her unwillingness to terminate the pregnancy. She expressed her emotional attachment to the accused.
Respecting her decision, the Court refused to order a medical termination of the pregnancy and disposed of the matter.
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