Holding Bihar government responsible for not coming to the rescue of 35-year-old destitute HIV positive woman who wanted to abort her pregnancy arising out of rape, the Supreme Court on Thursday directed it to pay compensation of Rs 10 lakh to her.
The girl had been repeatedly raped for months and her uncle is in custody awaiting trial.
The girl, who was under general anesthesia while the baby was delivered by cesarean section, had not been told that she was pregnant and had no idea that she had given birth, doctors said.
He said: 'The minor girl delivered a baby through C-section this morning.
The incident was reported when the girl complained of stomach ache on July 15.
The court also ruled she was too young to undergo the procedure, according to the Washington Post.
The family, did not approach the authorities about the girl's pregnancy until the 26th or 27th week, said Alakh Alok Srivastava, a lawyer who represented the girl's family, to CNN in a previous interview. More than 10,000 children were raped in India in 2015, the BBC reported, majority by relatives or family friends. The medical board of AIIMS, which was asked by the apex court to examine the woman, had earlier given its report saying she was in an advanced stage of pregnancy.
The parents of the 10-year old girl, are now looking for ways to put the baby up for adoption as they're anxious about the stigma.
Dr. Ashok Chauhan, a panelist in the case, described the situation as "borderline" because the girl was approximately 20 weeks pregnant, the legal abortion limit.
Indian law prevents termination beyond the 20th week. At the time, the BBC reported a team of doctors decided the girl was not physically or emotionally fit to give birth to her baby.
However, the India Supreme Court overturned his ruling in 2015 and allowed the unborn baby to be aborted.