The Bombay High Court recently refused to permit the medical termination of a pregnancy of a 15-year-old sexual assault survivor. The court noted that the pregnancy had exceeded the 24-week legal limit for termination and considered the potential risks involved. Justices Prakash Naik and Nitin Borkar explained that terminating the pregnancy at this stage could pose a high risk to the girl’s life and result in long-term neurological complications for the baby if born alive.
The case came to light when the survivor’s parents, who were at work, discovered that their daughter had been forcibly and repeatedly raped by a neighbor. An FIR was registered against the perpetrator under relevant sections of the IPC and POCSO. The court directed a district medical board to examine the girl at Thane Civil Hospital.
The medical board, consisting of seven members, submitted a report on February 15 stating that there were no abnormalities in the fetus or the minor mother. However, they also mentioned the possibility of the child being born alive during medical termination and highlighted the guidelines from the health ministry regarding the termination procedure. The board further noted that the hospital in Thane did not provide fetal reduction services.
Despite the board’s recommendation for termination, the judges took into account the opinions of the pediatrician and neurologist. The pediatrician warned of the high risk of premature live birth if the delivery was performed at this stage. The neurologist also stressed the potential neurological complications for both the mother and the baby. These complications could lead to long-term disability for the child.
The survivor’s advocate argued that the pregnancy should be terminated as continuing it would cause immense agony for the victim child. However, the state’s advocate opposed the termination, stating that the pregnancy was at an advanced stage and suggested giving the child up for adoption after delivery.
In the end, the judges denied the request for medical termination but allowed the mother to approach the court in case of any difficulties post-delivery.
