HC allows 15-year-old rape survivor to terminate her 28-week pregnancy

MUMBAI: The Bombay high court on Monday allowed a 15-year-old rape survivor to get her 28-week long pregnancy terminated at JJ Hospital. The division bench of justice AS Gadkari and justice Neela Gokhale also granted liberty to the minor to continue the pregnancy to full term and deliver the child if she desired. The petition for permission to terminate the pregnancy was filed by the mother of the survivor on her behalf.
Acting on the city resident’s petition, the court had on August 5, directed the JJ Hospital to constitute a medical board, as mentioned under Section 3(2D) of the Medical Termination of Pregnancy (Amendment) Act of 2021, to examine the minor girl and submit a report to the court.
Accordingly, on August 7, the board submitted its report stating that since the minor was “underage and a case of POCSO, carrying unwanted pregnancy to term will cause mental stress to the mother. Hence, she can undergo Medical Termination of Pregnancy at any tertiary institute of her desire, if the court permits.”
Additional government pleader MP Thakur had, however, opposed the plea, submitting that considering the advanced stage of pregnancy and the chances of the foetus being affected by complications, the court may consider refusing medical termination of pregnancy at this stage.
She referred to the opinion of the committee that if the pregnancy was terminated now, there was probability of the foetus being born alive and will require intensive neo-natal care and it may also be affected by complications due to its pre-term status.
In this backdrop, advocate Shilpa Pawar, who represented the minor girl, spoke to her and her mother, and the mother-daughter duo agreed to continue the pregnancy to its full term.
Justice Gokhale also spoke to the survivor and her mother to confirm that they understood the ramifications of proceeding ahead with the medical termination, as well as continuing with the pregnancy. The daughter-mother duo expressed their desire to carry the pregnancy to full term and give away the infant to the care and custody of state agencies for the purpose of its rehabilitation by way of adoption.
Thereafter, the court left the decision to the minor and her mother. “Notwithstanding that the petition was filed seeking permission to medically terminate the pregnancy, but considering her changed stance and wishes, and conscious of the right of the petitioner to reproductive freedom, her autonomy over the body and her right to choice, we deem it appropriate to leave the decision of continuance of the pregnancy entirely up to the wishes of the petitioner,” the bench said.
The court also clarified that if they desired to get the pregnancy medically terminated, the survivor was free to do so as well. Additional government pleader MP Thakur then assured the court that the minor will be kept in a women’s hostel in Chembur till the delivery, if she desired to continue with the pregnancy.