The Bombay High Court has permitted an 18-year-old woman to terminate her 28-week pregnancy, which resulted from an alleged sexual assault, emphasising that a woman has the right to make reproductive choices.
A bench of Justices Revati Mohite Dere and Neela Gokhale on Wednesday stressed that the petitioner’s bodily autonomy and mental well-being must be prioritised. The court also directed the hospital to provide post-procedure care, including counselling.
“Conscious of the right of the Petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy, if she so
desires,” the court observed.
The High Court’s order followed a review of a medical board report from Mumbai’s JJ Hospital, which stated that termination at this stage carried risks similar to full-term delivery. Additionally, the report highlighted the potential complication of the foetus being born alive, requiring neonatal care.
The court interacted with Dr Sandeep Pophale of JJ Hospital via video conferencing to seek further clarification that the procedure could impact the petitioner’s future ability to conceive, an aspect not mentioned in the medical board’s report.
Subsequently, the court ruled that the termination could proceed, subject to the petitioner’s medical fitness.
Additionally, the court directed authorities to preserve foetal DNA for the ongoing criminal investigation. It also clarified that if the petitioner wished to give the child up for adoption, the state would facilitate the legal process without imposing any obligations on her.
The woman, represented by advocate Ashley Cusher, is already admitted to the hospital and has expressed her desire to undergo the procedure there. She was hospitalised after citing financial constraints, following which the court directed the government hospital to admit her, conduct a medical examination, and ensure her well-being.
The hospital then constituted a medical board to assess her condition, as per the court’s directive.
The petitioner and a 21-year-old man, who was her brother’s friend, were in a relationship, and he allegedly promised to marry her. Her pregnancy was discovered last week when her family took her to the hospital. An FIR has been registered against the accused for rape.
According to India’s abortion laws, a single registered medical practitioner can approve termination up to 20 weeks. Between 20 and 24 weeks, the procedure requires the opinion of two registered medical practitioners and is permitted under specific circumstances, such as risk to the woman’s life, grave physical or mental health concerns, or substantial foetal abnormalities.
Beyond 24 weeks, termination is generally allowed only in cases of severe foetal abnormalities or a significant risk to the woman’s life.
