The Supreme Court Bench which constituted of Hon’ble Mr. Justice Madan B. Lokur  and Hon’ble Mr. Justice Deepak Gupta rejected the plea by a 10 year old rape victim for aborting a 32-week-old fetus which meant that anyhow she had to deliver that baby.

 
The senior lawyer and former ASG Indira Jaising appeared for the rape survivor and argued that no compensation had been given to the girl despite a direction by the Chief Justice-led bench.
The Supreme Court issued notice to the Centre, NALSA and Chandigarh administration on a petition seeking Rs 10 lakh compensation to a 10-year-old rape victim who delivered a baby on August 17 at a Chandigarh hospital.
FACTS :
 
Petition had initially said fetus was 26 week old but medical examination revealed it was 32 week old. CJI Khehar told Solicitor General Ranjit Kumar that such cases were piling up in the apex court and “that too when time is too short for us to decide” The CJI said till the time bill for extending the legal limit of abortion was pending some alternative mechanism should be there at state level for medical tests.
COURT’S ORDER

• “In view of the recommendation by the medical board which is satisfied that it is neither in the interest of girl child or the live fetus which is 32 week old to order abortion, we decline the prayer”, The bench headed by Chief Justice J S Khehar had on July 24 ordered setting up of a medical board comprising of top doctors of Chandigarh’s PGIMER hospital to examine if her health will be adversely affected if the the pregnancy continues “The exercise is to ascertain the health of the girl concerned and the foetus and and to ascertain if the pregnancy can be continued for a full term”, the order had said.

 

• “ The medical experts have categorically opined that if the 10-year-old rape survivor is forced to give birth through normal delivery or C-section, it may be fatal to the life of the girl as well her child,” the petition filed through advocate Kedar Nath Tripathy said.