The Orissa High Court made a crucial decision on Monday, permitting a 13-year-old rape survivor from Kandhamal district to medically terminate her 27-week pregnancy due to severe health risks and her critical medical conditions, including sickle cell anemia and epilepsy. The young girl, belonging to a Scheduled Tribe community, had been victimized repeatedly last year by a local youth who coerced her into silence with threats.
Her dire situation came to light only when her deteriorating health compelled her mother to seek medical assistance, revealing her advanced pregnancy, well beyond the 24-week legal limit usually permitted under the Medical Termination of Pregnancy (MTP) Act. An FIR was registered on February 11, followed by a medical assessment that confirmed the pregnancy and underscored the associated health complications.
The plea for an abortion was taken up by the Orissa High Court, following an urgent application by the victim’s father, who highlighted the life-threatening risks posed by the pregnancy. Acknowledging the severe implications on the minor’s health, the court directed MKCG Medical College and Hospital at Berhampur last month to form a Medical Board to evaluate her condition thoroughly.
The Medical Board’s findings indicated that continuing the pregnancy could gravely endanger the girl’s physical and mental health. Subsequently, the state government supported the petition, arguing that denying the abortion would infringe upon her fundamental rights under Article 21 of the Constitution.
Justice S K Panigrahi, while delivering the judgment, underscored the importance of bodily autonomy and reproductive rights, especially noting the challenging situation of the minor who relied on her legal guardians to make informed decisions on her behalf. The court also addressed the issue of judicial delays in sensitive cases like this, calling for a more efficient process to handle medical terminations.
