Bombay High Court allows visually, intellectually challenged minor sexual assault victim to terminate 28-week pregnancy

Advocate Tanvi Tapkire for the petitioner contended that the minor who is 17 years and five months old is “90% disabled and blind and has 75% intellectual disability”. The court noted that investigation in the FIR registered earlier this month, revealed that the victim was subjected to sexual assault by her minor brother.

On April 16, the bench directed the constitution of the medical board of Government Hospital under MTP Act to examine the victim and submit a report whether pregnancy of the victim could be terminated.

“From the opinion expressed in the report it appears that the victim is of minor age and the pregnancy may cause physical mental trauma. Similarly being mentally challenged and blind, it may be difficult to rear a child and further there is a risk that if the child is born would suffer physical or mental abnormality,” the bench noted and allowed the victim to terminate pregnancy.

The Court directed that all requisite medical facilities be provided to the victim child before and after termination of pregnancy and disposed of the plea.