The Medical Termination of Pregnancy Act prohibits abortion after 20 weeks, except when the mother's life is under risk.
A medical board in Haryana determined that the minor is five months pregnant and that it posed no danger to the mother. However, the girl's stepfather was arrested and detained pending a full investigation after her mother reported him to police.
The incident came to light after the girl complained of an aching leg, her mother took her to a doctor last Friday and tests revealed her pregnancy. Investigators found that the girl's stepfather, a day laborer in his early 20s, had raped her repeatedly when her mother went to work on construction sites.
In 2015, the Supreme Court allowed a 14-year-old rape survivor to abort a foetus after the 20-week limit.