HC allows 11-year-old rape survivor to terminate 30-week pregnancy | Mumbai News

MUMBAI: The Bombay High Court on Thursday allowed an 11-year-old rape survivor to terminate her 30-week pregnancy. Although the medical board that examined her concluded that having an abortion posed the same level of risk as carrying a pregnancy to term, the court struck a balance between the minor’s rights and the pursuit of justice. It said that if the fetus was born alive during an abortion, as the committee believed, the state would take full responsibility for the child’s welfare.

A first information report (FIR) in this case has been registered at the Bhayandar police station under Section 65(2) (punishment for false statements) of the Bhartiya Nyaya Sanhita Act and Section 4 (definition of sexual offenses against children) of the POCSO Act, 2012.

On October 28, the girl, through her father, approached the high court seeking termination of her 30-week pregnancy as a result of sexual assault. Following the court order, she underwent medical examination the next day at JJ Hospital in south Mumbai. The medical commission that examined her found that terminating the pregnancy carried the same risks as if it had been carried forward to full term. The report emphasized the premature status of the fetus and the likelihood that it would be born alive and require intensive newborn care, but also said the minor was physically and mentally fit for the procedure.

A bench comprising Justices Sharmila Deshmukh and Jitendra Jain on Thursday granted permission for the abortion, citing both medical and psychological issues. The court noted that under Article 226 (power of the high court to issue writs of writ) of the Indian constitution, it has the power to allow abortions beyond the 20-week period, especially in exceptional cases involving minors or victims of sexual assault.

The Court emphasized that the provisions of the Medicinal Termination of Pregnancy (MTP) Act were designed to protect the welfare of people in difficult circumstances. The court said that if the fetus survives, the state will take full responsibility by offering medical and social support to ensure the well-being of the child. Fetal samples will be preserved for possible DNA testing that will help in the criminal investigation, the court added.