The Bombay High Court has granted permission for the medical termination of a 25-week pregnancy of a 17-year-old girl who is a survivor of sexual assault. The teenager stated that she wished to proceed with the termination of her own free will, without any external coercion.
Court's Ruling on Reproductive Choice
Justices Gautam Ankhad and Sandesh Patil ruled on Monday that the Medical Termination of Pregnancy Act, 1971 (MTP Act) does not allow any interference with the personal choice of a pregnant woman regarding termination. The court emphasized that the MTP Act leaves no scope for interference by family members or partners in matters of reproductive choice.
Background of the Case
The girl filed a petition through her maternal aunt, seeking the High Court's permission as her pregnancy exceeded the 24-week limit permitted under the MTP Act. After her mother's death on April 15, she moved in with her aunt. On May 5, it was discovered that she was pregnant as a result of sexual assault. An FIR was registered under the Bharatiya Nyaya Sanhita for rape and the Protection of Children from Sexual Offences (POCSO) Act.
On May 13, the girl's advocate, Pranali Kakade, sought urgent directions from the vacation bench. Consequently, on May 14, the judges directed the dean of JJ Hospital to constitute a medical board to examine the survivor.
Medical Board's Findings
The medical board's report dated May 18 stated that the petitioner was fit for medical termination of pregnancy. The foetus was assessed to be 25 weeks and 1 day old and did not exhibit any congenital anomalies. After interacting with the doctor who headed the board, the judges questioned the girl to ascertain if she understood the consequences of her application and whether she was acting of her own will or under pressure from others. The girl affirmed that she had applied for the termination on her own will and without coercion from any person.
Court's Decision
Taking into account the facts and circumstances of the case, the interaction with the girl, and the medical board's report, the judges stated that they were of the confirmed opinion that the petition deserved to be allowed. The High Court directed the teenager to report to the hospital on Tuesday, following which the hospital authorities shall take steps to perform the intrauterine foeticide after making all necessary arrangements.
