HIV-positive foetus can't be aborted, says AIIMS

The SC told Bihar government to pay Rs 3 lakh relief to a rape victim whose 26-week-old foetus cannot be aborted.

New Delhi: With the AIIMS medical board in New Delhi informing that it will be difficult to allow a woman to abort an HIV-positive 26-week-old foetus, the Supreme Court on Tuesday directed the Bihar government to pay Rs 3 lakh to the rape victim.

A Bench of Justices Dipak Misran and A.M. Kanwilkar, however, asked AIIMS to give a treatment graph for the safety of the mother and the foetus.

It asked Indira Gandhi Institute of Medical Sciences in Patna to follow the treatment to be provided by AIIMS.

The Bench said the question of payment of compensation by the state for its negligence in not taking prompt steps to abort the foetus on time will be considered in August.

Earlier, counsel Vrinda Grover appearing for the woman said that since the medical board stated that it will be dangerous to abort the foetus, steps should be taken to protect the mother, and compensation should be paid by the state as per its victim compensation scheme. The petitioner, a 35-year-old woman, sought termination of pregnancy on the ground that after being sexually assaulted, she was given rehabilitation at a women rehabilitation centre in Patna, where her pregnancy was discovered. It was also found that she is HIV-positive. She expressed her desire to terminate the pregnancy on March 4, 2017.

Then she was examined by Patna Medical College and Hospital. As nothing fruitful happened, the petitioner was compelled to move the Patna high court.

The HC took up the matter for hearing and, after referring to certain decisions of this court, came to hold that the medical board report had stated that it would be unsafe to the life of the petitioner and.

It said there is also compelling state’s responsibility to keep the child alive.

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