What will be the life of “the two children?” This is the question of the main advocate of the tormented, Indira Jaising, when she moved to the Supreme Court for ₹ 10 lakh compensation for the 10-year rape victim who recently gave birth in a hospital in Chandigarh.
Ms. Jaising told The Hindu that her struggle is not only for this case, but for the rehabilitation and rescue of several of those 10 and 12 years who were raped and left pregnant, soon forgotten and swept under the carpet by a society that Has lost its “moral fiber”.
He said he wanted the Supreme Court to understand the major issues that raise the issue of “pregnant children” who are knocking at the door of justice. This is what she had to say. What are the main problems in this case?
The medical fraternity does not provide timely intervention for rape victims and children who become pregnant. Section 5 of the Medical Termination Act provides for the medical termination of pregnancy as a lifesaving measure. Here, in the case of a 10-year-old girl as a victim of the Chandigarh violence, the end of her pregnancy is in fact a rescue measure envisaged in section 5.
I am not talking about women 25 or 35 years, but when a child is taken before a health professional, he or she should know that their pelvic area is not being trained. Your body is not ready for passage to birth. She is likely to die when giving birth. The situation of the victim of a child implies a threat to life. Article 5 permits medical intervention without a warrant as a rescue measure.
But doctors do not do it knowing all this. They wash their hands from the case. That is why rape victims – children – go to court. This tragic situation is the result of the failure of the medical profession.
Why doctors do not take responsibility? The reason is in section 312 of the Indian Penal Code. Section 312 prohibits miscarriage. So health professionals are worried.
They reject a 10 or 12 year old rape victim who has come for help, even though she knows she can die to give birth. This is not correct. Their professional ethics require that they save these lives.
In the case of the victim of the Chandigarh violence, the doctors performed a cesarean as a rescue measure. So if they could do it now, why did not they do it before the child came to court?
It was found that the Chandigarh victim was pregnant when she complained of stomach pain. It is very difficult to detect the pregnancy in a child of 10 or 12 years. But why did not the doctor take action under Section 5 as soon as he learned of his pregnancy?
What is the responsibility of the State? The medical profession must assume its responsibilities. If a child rape victim needs TPM, he or she must receive urgent medical care from a private or public hospital in a state. Yes, the government has the responsibility to inform hospitals of the Act, Section 5.
There must be permanent instructions. The Medical Council of India and medical professional organizations should be interested and sensitized. There must be some kind of oversight or oversight body. Why did you seek compensation for the rape victim in death in the SC?
Each State has a compensation scheme for rape victims. But they vary. In Goa, compensation is ₹ 10 lakh. In Chandigarh, it is ₹ 3 lakh and in some other states it is only ₹ 1 lakh. Why can not there be a uniform compensation scheme?
Why does the amount of compensation depend on what state a victim is violating? I pointed out to the SC that the Nirbhaya regime had funds of more than 200 million rupees. What is the purpose of all this money if it does not reach the victims?