Bombay High Court Allows Abortion For 2 Minor Rape Survivors At 28 Weeks

The Bombay High Court on Saturday permitted the medical termination of pregnancy (MTP) for two minor girls — aged 12 and 14 — who are survivors of sexual assault and were each 28 weeks pregnant, considering their physical and psychological health.

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Bench And FIR Details

A bench of Justices Bharati Dangre and Manjushe Deshpande allowed the petitions, which were filed through the parents of the minors. As per the state, FIRs in both cases have been registered under the provisions of the Protection of Children from Sexual Offences Act, with respective police stations in Panvel and Nerul.

MTP Act Provision

Under the provisions of the MTP Act, permission of the high court is required to be taken to terminate pregnancy of over 24 weeks.

Medical Boards Formed

Following the petitions, filed through advocates Kunda Gaikwad and Sarvesh Deshpande, the HC, on March 19, had directed the JJ Hospital and Thane Civil Hospital to constitute medical boards to examine the girls and submit a report.

JJ Hospital Report

In the case of the 12-year-old, the report by Sir JJ Hospital’s medical board stated that termination was necessary “in the interest of the psychological health of the victim and to prevent any irreparable damage to her mental status and also to protect the social reputation of the family”. The report also noted her “tender age and overall biological unpreparedness”, adding that surgical intervention may be required, though risks were “extremely unlikely” given available medical facilities.

Court Orders Immediate Action

Allowing the plea, the court observed that the minor had approached through her mother to terminate an “unwarranted pregnancy” and directed the hospital to “start the procedure forthwith”.

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Thane Case Concerns

In the second case, involving a 14-year-old admitted at a civil hospital in Thane, the district medical board warned that continuation of pregnancy could lead to “complications like anaemia, pregnancy-induced hypertension as well as complications during labour”, along with “psychological impact on pregnant mother (minor) with uncertain future”.

Consent And Court Approval

The court noted that the minor and her father had “in no uncertain terms” expressed the desire to terminate the pregnancy. Taking into account medical advice and consent, it allowed the termination and directed the hospital to proceed immediately.

Care For Newborn

In both cases, the court clarified that if the child is born alive, “appropriate care shall be offered”, including admission to the NICU, and the child may be given up for adoption following due procedure.

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