The Bombay High Court has granted an 18-year-old woman the right to terminate her 28-week pregnancy, which was the result of an alleged sexual assault. The ruling underscores the importance of a woman’s right to make independent reproductive choices.
A bench of Justices Revati Mohite Dere and Neela Gokhale emphasized the need to prioritize the petitioner’s bodily autonomy and mental health. The court ordered the hospital to ensure comprehensive post-procedure care, including counseling services.
Recognizing the petitioner’s right to reproductive freedom and control over her own body, the court permitted the medical termination of the pregnancy based on the medical board’s findings.
The High Court’s decision came after reviewing a report from a medical board at a local hospital, which indicated that termination at this stage involves risks comparable to those associated with a full-term delivery. The report also noted the risk of the foetus being born alive, which would necessitate neonatal care.
To gain more insights, the court consulted Dr. Sandeep Pophale through video conferencing, focusing on possible impacts of the procedure on the petitioner’s future fertility, a concern not addressed in the initial medical report.
Following this, the court allowed the abortion to proceed, contingent upon the petitioner’s medical health. It also instructed authorities to preserve foetal DNA for an ongoing criminal investigation and confirmed that should the petitioner choose to give the child up for adoption, the state would assist in the legal process without imposing obligations on her.
The woman, who has been admitted to the hospital, expressed her wish to undergo the procedure there. She had been hospitalized due to financial difficulties, prompting the court to instruct the government hospital to provide her with admission, medical evaluation, and care.
The petitioner was in a relationship with a 21-year-old man, a friend of her brother, who allegedly promised to marry her. Her pregnancy was revealed last week when her family sought medical assistance. An FIR has been filed against the accused for rape.
In accordance with India’s abortion regulations, a single registered medical practitioner can authorize termination up to 20 weeks, while for pregnancies between 20 and 24 weeks, two medical practitioners’ opinions are necessary under specific circumstances, including serious health risks to the woman or significant foetal abnormalities. After 24 weeks, termination is generally permitted only in cases of severe foetal defects or substantial risks to the woman’s life.
