11-year-old sex assault victim gets court nod to terminate 30-week pregnancy

The Bombay High court said that the girl will undergo the abortion on Thursday itself at the government-run JJ Hospital.

Published on: Oct 31, 2024, 15:29:12 IST

By HT News Desk

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An 11-year-old sexual assault survivor has been permitted by the Bombay High Court to terminate her 30-week pregnancy. The ruling was passed on Thursday by a two-judge vacation bench consisting of Justices Sharmila Deshmukh and Jitendra Jain.

The minor was sexually assaulted and hence wanted to undergo an abortion.

The court said that the girl will undergo the abortion on Thursday itself at the government-run JJ Hospital.

The girl had filed a petition in the high court through her father seeking permission to end the pregnancy. In the plea, it was stated that the minor was sexually assaulted and hence wanted to undergo an abortion.

As per the Indian law, a woman needs to seek the court's approval to terminate a pregnancy beyond 20 weeks. Under provision of the Medical Termination of Pregnancy Act, it is illegal to undergo an abortion after this stage without the court's permission.

As per the plea, the girl is a survivor of sexual assault and a case has also been registered against an unknown person under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.

Court on minor's pleas

The court stated that under the Constitution, it can allow the medical termination of a pregnancy beyond the 20-week gestation period under specific circumstances outlined in the Medical Termination of Pregnancy Act.

"The petitioner is a minor girl who has been a victim of sexual assault. Therefore, she is permitted to undergo a medical termination of pregnancy," the court noted.

Additionally, the court ordered that blood and tissue samples from the fetus be preserved for potential DNA testing or other analyses necessary for the criminal case.

The court also emphasized that if the baby is born alive, all medical assistance should be provided to ensure its survival.

"If the child is born alive and the petitioner or her parents are unable or unwilling to take responsibility for the child, the State government will take full responsibility," it stated.

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HT News Desk
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