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Rape victim has right to terminate pregnancy: Uttarakhand High Court

With this, it was the Court’s stance that termination should be allowed to protect the victim’s right to life. However, the Court passed the following detailed guidelines to ensure the utmost care was taken while conducting the procedure:

(i) The medical termination of pregnancy of the petitioner should be carried out by a senior most Gynecologist under the guidance of the Medical Board, constituted in compliance of the order dated 24.01.2022 of this Court, within 48 hours from the production of a copy of this order before the Chief Medical Officer, Chamoli.

(ii) During the procedure of medical termination, if they find that any risk to the life of the petitioner, they have discretion to cancel the said procedure.

(iii) The Medical Board shall maintain complete record of the procedure of the termination of the pregnancy of the petitioner. The Medical Board shall collect the tissue and blood sample of the foetus for conducting DNA and other tests.

(iv) If baby is born alive, the Chief Medical Officer, Chamoli, the respondent no.2, and, Child Welfare Committee, Chamoli will do the needful in accordance with law.

Source: Barandbench

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