Bombay HC refuses plea to terminate 32-week pregnancy of minor sexual abuse victim
The court, earlier this week, also directed the government hospital to provide post delivery care and counselling to the petitioner and asked the state to assume responsibility if she desires to give the child in adoption after delivery.
The court also directed the state government to expedite disbursement of compensation to the petitioner under the Manodhairya scheme, so as to enable the victim and her family "to tide through the crisis."
The Bombay High Court denied permission for medical termination of 32-week pregnancy of 15-year-old girl, a victim of sexual abuse. The HC refused the request after the medical board opined that the pregnancy was in an advanced stage and it will be in the interest of both the mother and the child that she completes full term to avoid risks and hazards of preterm birth.
The court, earlier this week, also directed the government hospital to provide post delivery care and counselling to the petitioner and asked the state to assume responsibility if she desires to give the child in adoption after delivery.
A bench of Justices Revati Mohite-Dere and Neela K Gokhale on August 25 passed an order on a plea filed on behalf of the minor girl seeking termination of her 32-week pregnancy.
The court noted that no FIR was registered against the accused in the said crime. The petitioner, through advocate Santosh Maske, said that she was unable and unwilling to take the delivery to its full term considering she being only 15 years of age.
The HC on August 21 had ordered an expert committee of state-run J J Hospital to examine the petitioner and submit its report.
One of the experts, during interaction with judges, conveyed opinion of the Board that considering her advanced age, while the Board had left it to the court to take a decision based on their report, it will be in petitioner’s interest to continue the pregnancy as the foetus was almost fully grown and was likely to be born alive.
The court held, “Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice, in this particular case we deem it appropriate to concede to the experts’ opinion and having considered the findings and opinion of the Medical Board, especially during the interaction with the doctors, we deem it appropriate to refuse permission to the Petitioner to medically terminate the pregnancy.”
The bench recorded that since the pregnancy was beyond 32 weeks, the law also did not permit termination of pregnancy at such an advanced stage and present circumstances did not fall within ambit of exceptions under the Medical Termination of Pregnancy (MTP) Act.
Rejecting plea for termination of pregnancy, the HC accepted a statement by J J Hospital authorities that they were ready to continue petitioner’s admission and look after her till she delivers the child.
The court asked the hospital to provide post-delivery care and she being victim of sexual abuse, the hospital authorities should provide counselling service to her.
The hospital must also preserve the DNA samples of the child after the birth and forward it to the investigating officer for ensuring criminal trial.
In case the petitioner opted for giving child in adoption, the state agencies were told to take responsibility to rehabilitate the child including placing the child in foster care.
The court also directed the state government to expedite disbursement of compensation to the petitioner under the Manodhairya scheme, so as to enable the victim and her family “to tide through the crisis.”
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