The Bombay High Court granted permission on Tuesday for a 16-year-old rape survivor to end her 31-week pregnancy. The decision came from a division bench comprising Justices Bharati Dangre and Manjusha Deshpande, who recognized the importance of the teenager’s right to make her own reproductive choices. The court took into account the medical board’s assessment, stating that the procedure would not pose any physical or psychological risks to the girl.
Despite the fact that the pregnancy exceeded the 24-week limit specified under the Medical Termination of Pregnancy Act, the judges emphasized that it was a result of sexual assault and that the minor did not wish to continue with it. The teenager communicated her desire for autonomy regarding her reproductive health, asserting her right not to carry the pregnancy to term. The court approved the abortion, which was contingent upon receiving written consent from her mother and ensuring all necessary medical precautions were observed.
During the proceedings, the bench referenced a recent ruling by the Supreme Court that allowed another minor in Mumbai to terminate a 30-week pregnancy. Justices BV Nagarathna and Ujjal Bhuyan had underscored that no court should force a woman, particularly a minor, to proceed with an unwanted pregnancy, underlining the significance of reproductive autonomy.
Thane Civil Hospital Board Says Termination Safe
Previously, the medical board at Thane Civil Hospital had neither recommended nor opposed the procedure for pregnancies exceeding 24 weeks, clarifying their role as purely to present factual information to the court. Following a submission made on February 17, the board clarified that a court ruling was required for such cases. Their latest opinion confirmed that terminating the pregnancy would not jeopardize the girl’s health or cause any physical or psychological harm.
Advocate Saloni Ghule, who represented the minor, informed the court that the girl had misconceptions about the termination process, believing it could be completed rapidly. Medical staff explained that due to the advanced stage of pregnancy, the girl would have to undergo normal delivery procedures even if the pregnancy was medically terminated. The advocate further indicated that the minor had not received adequate counseling or information to make a fully informed decision.
However, the High Court denied a request to transfer the teenager to a hospital in Ulhasnagar. The judges ordered that the existing medical board from Thane, which included the two gynecologists who had previously examined her, remain involved in her care. Additionally, the court directed that the abortion be performed at Thane Civil Hospital, ideally under the supervision or participation of the same gynecologists involved in her case.
