Bombay HC lets 16-year-old rape victim terminate 31-week pregnancy, cites SC order on reproductive autonomy

The high court bench noted the board’s “initial denial in terminating the pregnancy was consistent with the statutory scheme” and that it was “of the opinion that the case does not fall under its executive jurisdiction; therefore, it required the court’s intervention”.

The bench noted the board gave its “clear opinion” in the February 17 report, “to the effect that if the pregnancy of the minor girl is terminated today, it will not involve any risk to her life”.

‘Under the observation of gynaecologists who ruled out danger’

Advocate Saloni Ghule, appearing for the petitioner, emphasised that the minor girl was in a “state of confusion” and sought that the procedure be carried out in another hospital, which the high court refused to allow. The court stated that it was “well advised” that it be conducted in the same hospital under the observation of the gynaecologists who had opined there was no danger to her life even if the pregnancy was terminated at this advanced stage.

“Looking to the peculiar circumstances involved, when petitioner is not desirous of continuing the pregnancy, which is outside marriage and she herself being minor, is in a state of confusion as to how she will be able to cope up with the situation and, through her mother and the counsel representing her, has exercised her autonomy and right not to deliver a child on completion of the gestation period and is desirous of terminating the pregnancy prematurely,” a bench of Justices Bharati H Dangre and Manjusha A Deshpande observed.

It went on to hold, “Being guided by the authoritative pronouncement (of the Supreme Court) to the aforesaid effect and since we find that the case before us is also of a minor unmarried girl, carrying an unwanted pregnancy and who is not desirous of continuing the pregnancy and who has approached the Court for its termination, we allow the Writ Petition by permitting petitioner to undergo medical termination of pregnancy.”

The high court directed the girl’s mother to ensure that she was admitted to the civil hospital on Tuesday so that the procedure could commence immediately, and asked the hospital to conduct the medical termination procedure “by keeping in mind all the medical safeguards”.