Safety over termination: Karnataka High Court denies a 28-week abortion plea of sexual assault victim

The victim, represented by her mother, had approached the court seeking permission for medical termination of the pregnancy of the victim, who is a minor and whose pregnancy is alleged to be the consequence of sexual assault.

The court directed the constitution of a medical board to examine the victim. The board had opined that the pregnancy had reached approximately 28 weeks of gestation, which is well beyond the stage of foetal viability. The induction for termination at this stage would pose a serious risk to the life of the mother and the baby, and thus, termination was not advised.

The bench in its order noted that in cases where pregnancy has crossed the statutory limit — up to 24 weeks, constitutional courts (High Court and Supreme Court) have entertained petitions seeking termination, primarily based on medical opinion regarding risk to the life or health of the pregnant woman or severe foetal abnormalities.

Further, the court stated, “Where the Medical Board has opined that termination would pose a serious risk to the life of the pregnant woman, the courts have refrained from permitting such termination.”

Justice Magadum then observed, “In the present case, the pregnancy has advanced to 28 weeks, which is well beyond the stage of foetal viability. At this stage, the foetus is capable of survival outside the womb with appropriate neonatal care. The Medical Board has categorically opined that induction for termination at this stage would be dangerous to the life of the mother as well as the baby.”

The court held that it cannot disregard the expert medical assessment. “In the absence of any material indicating that termination can be safely performed, this court finds no justification to issue a direction for medical termination of pregnancy,” the judge said.