HC allows 11-year-old rape survivor to terminate 30-week pregnancy

MUMBAI: The Bombay high court on Thursday allowed a 11-year-old rape survivor to terminate her 30-week pregnancy. Though the medical committee which examined her concluded that proceeding with the abortion would pose the same level of risk as carrying the pregnancy to term, the court struck a balance between the minor’s rights and the pursuit of justice. It said that if the foetus is born alive during abortion, as apprehended by the committee, the state will assume full responsibility of the child’s well-being.
The first information report (FIR) in the case was registered at Bhayandar police station under section 65(2) (punishment for false evidence) of the Bhartiya Nyaya Sanhita and section 4 (definition of sexual offenses against children) of the POCSO Act, 2012.
On October 28, the girl approached the high court through her father, seeking termination of the 30-week pregnancy resulting from a sexual assault. Following a directive from the court the next day, she underwent a medical examination at JJ Hospital in south Mumbai. The medical committee which examined her found that terminating the pregnancy would pose similar risks to if it was carried to full term. The report highlighted the foetus’ preterm status and the likelihood of it being born alive and requiring intensive neonatal care, but is also said the minor was physically and mentally fit for the procedure.
A vacation bench comprising justices Sharmila Deshmukh and Jitendra Jain on Thursday granted permission for the abortion, citing both medical and psychological concerns. The court observed that under article 226 (high court’s power to issue writs) of the Indian constitution, it had the authority to permit abortions beyond the 20-week limit, especially in extraordinary cases involving minors or sexual assault victims.
The court emphasised that the Medical Termination of Pregnancy (MTP) Act provisions were designed to protect the welfare of individuals in challenging circumstances. The court said that should the foetus survive, the state would assume full responsibility, offering medical and social support to ensure the child’s well-being. Foetal samples would be preserved for potential DNA analysis to aid in the criminal investigation, the court added.