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Indian Court Rejected the Abortion Plea Of 10-year-old Girl, Raped by Her Maternal Uncle

New Delhi, India, A 10-year-old girl has denied to abortion by the court after she allegedly impregnated by her maternal uncle in rape.

10-year-old girl raped by her uncle several times and now she is 30 weeks pregnant.

According to 1971 Medical Termination of Pregnancy Act, they cannot allow termination of pregnancies beyond 20 weeks. But it can do in some conditions like if the fetus is proved to be genetically unviable or if the pregnancy poses a threat to the mother’s life.

According to the rule of the Indian city of Chandigarh, the rape survivor should carry the pregnancy according to medical advice given by the Government Medical College and Hospital in Chandigarh, where the girl was examined.

The committee of eight doctors, from pediatricians to psychiatrists, examined the girl and one senior member of this panel of doctors told CBS News that according to ultrasound report “she is 30-weeks pregnant. We evaluated the girl very critically and recommended a natural delivery because the fetus is viable and can survive even if delivered now”.

“Abortion is not an option at this stage. The only way to terminate the pregnancy is to deliver the baby,” said the doctor, who spoke to CBS News on condition of anonymity.

It is a unique case of this age of the mother. According to doctors, the mother is too young so she can experience many complications as the pregnancy advances, and delivery can dangerous at this stage for both baby and mother.

The girl has also the legal option of taking her case to the higher authority for reviewing the decision but according to doctors who examined her told CBS News, this legal process would likely more time than her case can afford given the stage of her pregnancy.

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Recently, India’s court has received many pleas by rape survivors to terminate their pregnancies beyond 25 weeks.

In 2015, in one rape case, India’s court allowed the survivor to terminate her 25 weeks pregnancy. In another case in May this year, 10-year-old rape survivor had allowed an abortion by a court that had carried her baby 18-22 weeks, in Haryana state after a medical panel concluded a delivery would endanger her life.

Some children’s and women’s rights activist in India feels there is need to change the decades-old law. Some pleas are currently moving through India’s parliament that would increase the legal limit for termination from 20 weeks to 24 weeks.

In one of the judgements, India’s apex court said, “the right of a woman to have reproductive choice is an integrable part of her personal liberty… She has a sacrosanct right to have her bodily integrity.”

The topic of limit abortions is now a particular issue of India.

Official government data shows there were almost 35,000 rapes reported in India in 2015 — about 95 every day that year.