The Nagpur Bench of the Bombay High Court has allowed a 17-year-old sexual assault survivor to undergo medical termination of her 28-week-and-six-day pregnancy.
The minor had approached the court through her father after becoming pregnant following an alleged sexual assault. An FIR has already been registered in connection with the case.
The Division Bench of Justices Anil S. Kilor and Rajnish R. Vyas observed that an unwanted or unintended pregnancy can impose a significant physical and mental burden on the pregnant individual.
The court emphasised the principle of bodily autonomy, observing that a woman has the right to decide whether she wants to undergo an abortion.
Medical board initially declared her unfit
Since the pregnancy had crossed the standard 24-week statutory threshold, the court sought an assessment from a Medical Termination of Pregnancy Board.
The first medical board report, submitted on September 11, found the teenager medically unfit to undergo the procedure at that stage.
Following a one-week deferment sought by her counsel, she was examined again on September 17. The subsequent assessment found her physically and medically fit to safely undergo the termination.
Based on the fresh medical opinion and the circumstances of the case, the High Court permitted the termination.
Termination ordered at government hospital
The court directed the Dean of Government Medical College and Hospital (GMCH), Nagpur, to carry out the procedure at the earliest while following all necessary medical safety protocols.
As the criminal investigation into the alleged sexual assault is continuing, the court also permitted the police to collect and preserve DNA samples from the foetus for evidentiary purposes.
What does India’s abortion law say?
Abortions in India are primarily governed by the Medical Termination of Pregnancy (MTP) Act, 1971, as amended in 2021.
Under the law, termination is generally permitted up to 20 weeks on the opinion of one registered medical practitioner, subject to the statutory conditions.
Between 20 and 24 weeks, termination is permitted for specified categories of women, including rape survivors and minors, subject to the opinion of two registered medical practitioners.
For pregnancies beyond 24 weeks, the law provides for termination in cases involving substantial foetal abnormalities as determined by a Medical Board. Courts have also dealt with requests for termination beyond the statutory limits in exceptional circumstances, particularly involving rape survivors and minors.
In the present case, the Bombay High Court exercised its jurisdiction after considering the teenager’s circumstances, medical assessments and the principles of bodily autonomy.
