In a significant ruling affirming the reproductive rights and dignity of sexual assault survivors, the Bombay High Court has permitted a 12-year-old girl to terminate her 28-week pregnancy, despite a medical board’s opinion warning against the procedure due to potential risks.
The Division Bench of Justices Nitin Sambre and Sachin Deshmukh observed that forcing the child to carry the pregnancy against her wishes would amount to denying her the right to determine the course of her life. “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 court stated in its June 17 order.
The girl became pregnant after being sexually assaulted by her uncle, and a criminal case has been registered against him. Her father approached the High Court seeking permission for a medical termination of pregnancy (MTP), which under the law is restricted beyond 20 weeks unless the court intervenes.
Although a medical board had submitted that terminating the pregnancy at such an advanced stage would be “highly risky,” the High Court overruled the assessment, directing that the procedure be conducted with all necessary safeguards. It instructed that the abortion be carried out by a qualified medical team, including a pediatric surgeon, to minimize any complications.
The court further emphasized the emotional and physical toll of an unwanted pregnancy, particularly in cases involving minor survivors of sexual abuse. “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,” it noted.
Under the Medical Termination of Pregnancy (MTP) Act, abortions beyond 20 weeks are ordinarily prohibited, unless permitted by a court in exceptional cases such as fetal abnormalities, serious risk to the mother’s health, or pregnancy resulting from rape.
