Bombay High Court allows 12-year-old rape survivor to abort 28-week pregnancy despite medical risks. Court says forcing her to continue would strip her of the right to choose her life’s path.
Mumbai: The Bombay High Court has ruled in favour of a 12-year-old girl who became pregnant after being sexually assaulted by her uncle, allowing her to terminate her 28-week pregnancy.
The court said that a sexual assault victim cannot be forced to carry an unwanted pregnancy, even if there are medical concerns, as doing so would violate her fundamental right to decide her future.
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The girl’s father had approached the High Court seeking permission to end the pregnancy, which was a result of the assault.
A medical board examined the girl and reported that because of her young age and the advanced stage of the pregnancy, abortion could be extremely risky.
However, a division bench of Justices Nitin Sambre and Sachin Deshmukh permitted the termination of the pregnancy in an order dated June 17, stating,
“This court cannot force the victim to carry her pregnancy against her wishes, as in such an eventuality, the state would be stripping her of the right to determine the immediate and long-term path of her life.”
The judges acknowledged that though a woman can choose to get pregnant irrespective of her marital status, in cases of unwanted or accidental pregnancies, especially in instances like rape, the burden is always on the pregnant woman or girl.
The bench stated,
“We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status; however, in case of unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman/victim.”
In India, the Medical Termination of Pregnancy Act prohibits abortion after 20 weeks unless approved by a court.
Courts are allowed to grant permission beyond the 20-week period if the fetus has abnormalities, if the mother’s health is in danger, or if the pregnancy occurred due to sexual violence.
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Despite the medical board’s opinion warning of the health risks to the girl, the High Court held that her right to choose must be given priority.
It ordered that the abortion be done carefully and safely by a medical team that includes a paediatric surgeon. The court directed that all necessary safety protocols must be strictly followed during the procedure to prevent complications.
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