Bombay High Court Grants Permission for Medical Termination of Pregnancies in Minor Sexual Assault Cases
The Bombay High Court issued a landmark ruling on Saturday, allowing the medical termination of pregnancies for two minor girls who are survivors of sexual assault. The pregnancies had advanced to 28 weeks, exceeding the standard 24-week limit permitted under the Medical Termination of Pregnancy Act.
Judicial Orders and Medical Board Examinations
Justices Bharti Dangre and Manjusha Deshpande presided over the petitions, which were filed through the parents of the minors. The court had previously directed medical boards at J J Hospital and Thane Civil Hospital to conduct thorough examinations of the girls on Wednesday. The petitions specifically sought the High Court's intervention due to the pregnancies surpassing the legally permissible timeframe for termination.
Case Details of the First Minor
The first petition involved a 12-year-old girl who was sexually assaulted by an acquaintance while she was opening her father's shop. The assailant dragged her into a garage and later threatened her to keep the incident secret. Her pregnancy was discovered on March 9 during a routine medical visit. The J J Hospital medical board submitted a report on March 20 confirming the 28-week pregnancy.
The judges emphasized the board's findings, which highlighted the girl's tender age and overall biological unpreparedness for childbirth. The report concluded that termination was necessary to protect her psychological health and prevent grave, irreparable harm to her mental well-being. Additionally, it noted the potential social repercussions for the family if she were forced to continue the pregnancy against her wishes. Given the advanced stage of pregnancy, the court granted permission for termination.
Case Details of the Second Minor
The second petition concerned a 14-year-old girl who was sexually assaulted by a customer in August when she went to deliver laundered clothes to his residence. The accused threatened her life and the safety of her parents if she disclosed the assault. Her pregnancy went unnoticed until a relative observed her protruding stomach during a family visit to their native place on March 10. A medical check-up on March 13 revealed she was 25 weeks and 3 days pregnant.
Her advocate, Sarvesh Deshpande, explained that the girl had missed her menstrual cycles since September but remained silent out of fear. The Thane Civil Hospital medical board reported that she is now 28 weeks pregnant and recommended medical termination. The board warned that continuing the pregnancy could lead to severe complications such as anaemia and hypertension, particularly during labour. It also highlighted the significant psychological impact on the minor, with an uncertain future looming.
The judges noted that the minor had made a clear choice to terminate the unwarranted pregnancy, exercising her right to not give birth to the child. With consensus from the medical board and the family, the court allowed the petition.
Court Directives and Immediate Actions
The Bombay High Court has directed both J J Hospital and Thane Civil Hospital to commence the medical termination procedures immediately. This decision underscores the court's commitment to prioritizing the health and rights of minor survivors of sexual assault, especially in complex medical and legal scenarios.
This ruling sets a precedent for handling similar cases where pregnancies exceed legal limits due to traumatic circumstances, ensuring that the psychological and physical well-being of vulnerable minors is safeguarded through judicial oversight and medical expertise.
