Allahabad High Court ordered a medical examination for a 12-year-old rape victim who is 16 weeks pregnant and has asked the state government to cover all costs. The girl was sexually assaulted in April 2022, but out of fear, she withheld any information about the occurrence. Then, in August 2022, she finally told her parents the whole thing, leading to the filing of an FIR and the arrest of the accused.
In the instant case titled Ms. X Thru. Her Legal Guardian Bharat Lal v. State Of U.P., the issue raised before the Allahabad High Court was:
Whether the 12-year-old rape victim is carrying 16 weeks of pregnancy?
With regard to the issue, the court stated that in the writ petition, a problem with the termination of undesired pregnancies has come to our attention. According to the victim's statement, she is 16 weeks pregnant. The Court lacks the medical knowledge necessary to provide an opinion in this case. Therefore, the KGMU Administration was given instructions to conduct the medical examination.
The chief medical officer was directed to arrange for transportation of the victim along with her guardian to KGMU, Lucknow, and any other medical expenses, including those for medical examinations, lodging for two people, and other costs, must likewise be covered by the state government.
The court categorically stated that:
“Let the victim be examined at KGMU, Lucknow at the earliest. The victim is permitted to be taken to the KGMU, Lucknow immediately where she shall be admitted and subjected to a medical examination. Registrar, KGMU, Lucknow s hereby directed to ensure admission of the petitioner whose name shall remain undisclosed. The medical report upon the examination of the victim shall be placed before this court on or before 14.09.2022. The guardian of the victim namely Bharat Lal shall ensure the production of the victim at KGMU, Lucknow on 10.09.2022. Compliance report shall be submitted by KGMU, Lucknow through the Chief Standing Counsel or the Standing Counsel appointed by the KGMU, Lucknow."