In a notable ruling on Monday, the Bombay High Court rejected a plea from an 18-year-old rape survivor seeking to terminate her 32-week pregnancy. The court’s decision came after a medical board from Sir JJ Group of Hospitals advised against the termination, citing significant risks to both the mother and the unborn child.
The young woman, a victim of sexual assault by a relative, had sought legal intervention to end her pregnancy, which was the result of the assault on July 17, 2024. The accused had exploited her relationship with her boyfriend to manipulate and subsequently assault her. Following the assault, the survivor married her boyfriend and unsuccessfully attempted an abortion.
On March 20, 2025, the court instructed the medical board to evaluate the survivor’s condition. The board reported that the fetus, weighing 1.9 kg, could likely survive birth but would require intensive neonatal care. Despite acknowledging the survivor’s mental and emotional distress, the board found no lethal congenital anomalies that would justify a medical termination at this advanced stage of pregnancy.
Justices Revati Mohite Dere and Dr. Neela Gokhale of the division bench engaged in counseling sessions with the survivor and her mother. They also consulted a doctor who suggested that terminating the pregnancy could enhance the chances of the baby being born healthy.
Ultimately, the court affirmed the continuation of the pregnancy, recognizing the survivor’s need for ongoing emotional, financial, and medical support. The bench ordered proactive measures to ensure her safety and well-being at home and mandated comprehensive post-delivery care at JJ Hospital. They also opened the possibility for the child’s adoption, directing state agencies to prepare for potential foster care placement if the survivor so chooses.
