The division bench of Justices A S Gadkari and Neela Gokhale noted that while the teenager initially sought to terminate the pregnancy, she later decided to carry it to term, expressing her intention to marry the man who had allegedly abused her.
MUMBAI: On Thursday (5th Sept), the Bombay High Court allowed a 17-year-old sexual abuse survivor to continue her pregnancy, emphasizing her reproductive freedom and right to choose.
The division bench of Justices A S Gadkari and Neela Gokhale noted that while the teenager initially sought to terminate the pregnancy, she later decided to carry it to term, expressing her intention to marry the man who had allegedly abused her.
“We are mindful of the petitioner’s (teenager’s) right to reproductive autonomy, her control over her body, and her right to make choices,” stated the High Court.
Although the court granted permission for the teenager to medically terminate her 26-week pregnancy if she wished, it acknowledged her expressed desire to continue the pregnancy, affirming her full entitlement to do so.
The girl and her mother discovered the pregnancy during a medical check-up for fever, following which a case was registered against a 22-year-old man for sexual abuse.
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The survivor initially approached the High Court seeking an abortion but later claimed to be in a “consensual” relationship with the man, with plans to marry and raise the child.
A medical board at the state-run JJ hospital examined the minor and reported that while the foetus showed no abnormalities, the girl, being a minor, was not in an adequate mental state to deliver the baby.
According to Section 3(4)(a) of the Medical Termination of Pregnancy (MTP) Act of 1971 states that a pregnancy cannot be terminated without the written consent of a guardian if the pregnant woman is under 18 years old or mentally ill.
The MTP Act also states that a pregnancy can only be terminated with the consent of the pregnant woman, unless otherwise stated in clause (a).
The MTP Act also states that a person who is not a registered medical practitioner cannot terminate a pregnancy, and that doing so is an offense punishable under the Indian Penal Code.
Despite this, the High Court acknowledged that both the girl and her mother had expressed their willingness to carry the pregnancy to full term.
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