The Bombay High Court on Thursday affirmed the right of a 17-year-old sexual abuse survivor to continue her pregnancy, emphasizing her reproductive freedom and personal autonomy. The decision, delivered by Justices A S Gadkari and Neela Gokhale, supports the teenager’s change of heart from initially seeking an abortion to deciding to carry the pregnancy to term and marry the man she alleges abused her.
“We are conscious of the right of the petitioner to reproductive freedom, her autonomy over her body, and her right to choice,” stated the High Court. The court also highlighted that it would permit the teenager to medically terminate her 26-week pregnancy should she choose to do so, but respects her current decision to proceed with the pregnancy.
The case surfaced when the girl, accompanied by her mother, visited a hospital for a fever check-up and discovered her pregnancy. Subsequently, a complaint was filed against a 22-year-old man, accusing him of sexual abuse. The survivor later approached the High Court with a petition to terminate the pregnancy.
In a turn of events, the teenager later declared the relationship with the man consensual and expressed intentions to marry him and raise the child together. This statement significantly shifted the direction of the case.
A medical examination by a board at the state-run JJ Hospital found no abnormalities with the fetus, although it raised concerns about the minor’s mental preparedness for childbirth. Despite these concerns, both the teen and her mother expressed a firm desire to continue the pregnancy.
