Consensual sex with minor will be considered rape: T'gana High Court

The court made the observation while hearing a plea of a woman to allow her 15-year-old daughter to abort her baby after she was allegedly raped by her 26-year old relative. The girl's family members had approached Niloufer Hospital to abort the baby, but the doctors refused after which the victim's mother approached the court.

Hyderabad: Consensual sex with a minor girl will be considered rape, the Telangana High Court has ruled. The court made the observation while hearing a plea of a woman to allow her 15-year-old daughter to abort her baby after she was allegedly raped by her 26-year old relative. The girl's family members had approached Niloufer Hospital to abort the baby, but the doctors refused after which the victim's mother approached the court.

The Court allowed her to terminate the pregnancy while agreeing with her mother that the victim will suffer mental and physical problems due to her pregnancy. "The minor girl, who is pregnant, will lose her right to live with personal dignity, which will have a physical and psychological impact on her. Unwanted pregnancies caused by rape can be eliminated... If the girl willingly went with her relative, even if it was consensual sex, it would be considered rape," the court observed.

The court directed the hospital authorities to explain the consequences of abortion to the girl and if both parties agree, carry out the abortion without delay. The victim from Banjara Hills alleged that the accused from Khammam, who is married and has two kids came to her house in November for some personal work. When the girl's parents went out to work, he threatened the girl and took her out, and sexually assaulted her repeatedly, she alleged.

The man allegedly threatened to kill her if she told her parents due to which she was very frightened and did not tell anyone. After the man left, the girl told her parents about the matter as she was suffering from health problems. Her parents took her to the hospital and doctors there confirmed that she was pregnant.

The victim's parents lodged a complaint with Banjara Hills police after which the accused was arrested and booked under POCSO Act.