Bombay High Court Permits Termination of 30-Week Pregnancy for 11-Year-Old Sexual Assault Survivor

Keyword: Bombay High Court Medical Termination of Pregnancy Act,

In a significant ruling on Thursday, the Bombay High Court granted permission for an 11-year-old sexual assault survivor to terminate her 30-week pregnancy. A vacation bench comprising Justices Sharmila Deshmukh and Jitendra Jain ordered that the medical procedure be carried out immediately at Mumbai’s J J Hospital, a government-run medical facility.

The young girl, represented by her father, approached the High Court seeking special permission to terminate her pregnancy, as mandated by the Medical Termination of Pregnancy Act (MTP Act) for cases beyond 20 weeks. Under the MTP Act, judicial consent is necessary to end pregnancies that surpass the 20-week gestation limit, except under specific circumstances where continuation poses a risk to the mother’s life or health.

In this instance, the girl is a victim of sexual assault, with a case registered against an unidentified individual under both the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. Recognizing the gravity of her situation, the court emphasized its authority under the Constitution to allow pregnancy termination beyond the usual limit in cases that meet specific conditions outlined in the MTP Act.

The court stated, “The petitioner is a minor girl who is a victim of sexual assault. Hence, the petitioner is permitted to undergo medical termination of pregnancy.” Additionally, it instructed the hospital to preserve blood and tissue samples from the fetus to facilitate DNA or other forensic tests required for the ongoing criminal investigation.

The bench also addressed potential outcomes of the medical procedure, specifying that if the baby is born alive, all necessary medical facilities must be provided to save its life. Further, the court assured that if the minor and her family are unwilling or unable to assume responsibility for the child, the State government would take over full guardianship.

This judgment by the Bombay High Court highlights the judiciary’s commitment to protecting the welfare of vulnerable minors while navigating the legal intricacies of medical termination laws. In cases involving minors and survivors of sexual assault, the court’s interpretation of the MTP Act ensures that their physical and mental well-being are prioritized, reflecting a compassionate yet legally sound approach in addressing sensitive healthcare decisions.

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