‘Safety of rape survivors most important’: HC allows 14-year-old girl to terminate 29-week pregnancy – Times of India

MUMBAI: Bombay HC allowed medical termination from beyond 29 week pregnancy of a 14 year old rape survivor despite the fact that the medical board of JJ Hospital gave a negative opinion about it. “The desire and safety of the survivor are of paramount importance than any other consideration,” Justices Sarang Kotwal and Neela Gokhale said in Thursday’s order.
The minor’s mother moved to HC for permission as the pregnancy had exceeded the permitted limit of 24 weeks. The parents are daily wage workers. On September 30, the daughter complained of stomach pain. She revealed that she had been sexually assaulted by an acquaintance in July. It was repeated later. An FIR was filed under the BNS and Pocso Act on October 1. She was over 27 weeks pregnant.
The Oct. 9 report from the board of seven doctors found that her gestational age was “29.1 weeks, with no congenital abnormalities in the fetus.” It stated that if she were to undergo a termination of pregnancy now, this would entail the same risk and complications for her as if the pregnancy were to continue. Moreover, she is physically and mentally fit to continue the pregnancy.
The mother’s attorney, Ashley Cusher, said the pregnancy is at least eight to nine weeks away from completion. Given the young age of the survivor, there is always a serious risk to her life. The state’s lawyer, MP Thakur, expressed concern over the child possibly being born alive. The judges also took that aspect into account. They spoke to the mother and daughter, who “categorically and emphatically stated that they wanted to terminate the pregnancy.”
They referred to a “particularly relevant” provision of the Medical Termination of Pregnancy Act, which determines whether continuing the pregnancy entails a risk of harm to the health of a pregnant woman, taking into account her actual or reasonably expected environment. They noted that the survivor is still young. She discovered her condition at a late stage. She is poor and cannot raise the child. “Her actual environment also supports her desire for termination of pregnancy,” she added.
The judges said what concerned them was the safety of the survivor as the main deciding factor. The judges ordered the state to take steps to care for the child if it was born alive, and to put it up for adoption if necessary.