The 10-year-old is six months pregnant but an Indian court also said that abortion was ‘not an option this stage’ because she is so far into her pregnancy.
The girl told her mother that she had been raped after they discovered she was pregnant when she complained of stomach pains.
She said that she had been sexually assaulted six times by her uncle when he visted their home in India, according to the Indian Express.
They applied to the court to allow her to have a termination, but Indian law states that women are not allowed the procedure beyond 20 weeks unless it threatens the mother’s life or if the foetus is genetically not viable.
Eight doctors examined her and they ruled that she should give birth because ‘the foetus is viable and can survive even if delivered now’.
One of the doctors told CBS: ‘Abortion is not an option at this stage. The only way to terminate the pregnancy is to deliver the baby.’
However, another doctor, Puneet Bedi who is based in Delhi, told The Quint that the abortion should ‘take place immediately’ to protect the girl’s psychological well-being.
She said: ‘Yes, there are risks and abortion at this stage is tough, but for the girl, who is still developing, the scars will be many.’
Umesh Jindal told the Times of India: ‘If legal permission is granted treating it as an exceptional case, it’s better to terminate the pregnancy.’
The girl’s family are now considering whether to appeal the decision at a higher court.