HC permits abortion for 14-year-old rape survivor to protect her physical well-being
The Bombay HC allowed a 14-year-old rape survivor to terminate her pregnancy, prioritizing her safety and wishes despite a contrary medical opinion.
MUMBAI: Observing that the wishes and safety of the survivor are of utmost importance, the Bombay high court (HC) on Thursday allowed a 14-year-old rape survivor from Thane to get her pregnancy medically terminated, although the medical board had given a contrary opinion.
“In our opinion, the desire and safety of the survivor is of utmost importance than any other consideration,” said the division bench of justice SV Kotwal and justice Neela Gokhale while allowing the 14-year-old to undergo medical termination of her pregnancy (MTP) at JJ Hospital.
The minor had approached the high court through her mother, claiming that she was raped by a 40-year-old man residing in the neighbourhood and after it was discovered that the minor was pregnant as outcome of the sexual assault, an offence was registered at Manpada police station in Thane on October 1.
They approached the high court seeking permission to undergo MTP at a government facility, as they were turned down by the Central Hospital in Ulhasnagar for the pregnancy had crossed the permissible limit of 24 weeks, as laid down under the MTP Act, 1974 when the family discovered it.
Acting on the petition, on October 7, the bench had directed the medical board of JJ Hospital to examine the minor girl and submit a report. Accordingly, the medical board submitted its report, recommending that the pregnancy should not be allowed to be terminated at this advanced stage, as the fetus will be born alive and may be affected by complications due to preterm birth.
In this backdrop, the judges interviewed the minor girl and her mother and both of them insisted that they could not allow the girl to carry the pregnancy to full term and deliver the child.
The judges acceded to their wishes and allowed the minor to undergo the procedure at JJ Hospital. The bench noted that the survivor is of a very tender age and comes from a poor background and she would not be able to raise the child.
“Her environment also supports her desire for termination of the pregnancy,” said the judges. “What has weighed in our mind is the safety of the surviving girl as the most important deciding factor. We have to consider the mental trauma she has undergone due to the assault and future trauma if pregnancy continues. Her express desire to terminate the pregnancy is also an important consideration,” the judges said.