Mumbai, May 19: The Bombay High Court has permitted a 17-year-old rape survivor to terminate her over 24-week pregnancy, observing that a woman’s reproductive freedom, bodily autonomy, privacy and dignity are constitutionally protected rights.
A vacation bench of Justices Gautam Ankhad and Sandesh Patil was hearing a petition filed through the survivor’s maternal aunt seeking permission for medical termination of pregnancy (MTP).
Survivor disclosed assault after pregnancy discovered
The survivor’s mother had died last month due to diabetes, after which the girl started living with her aunt. Earlier this month, the family noticed that the minor had not menstruated for nearly six months. After being questioned, she disclosed that she had been sexually assaulted and a home pregnancy test confirmed the pregnancy.
An FIR was initially registered at Azad Maidan police station in Mumbai and later transferred to Shantinagar police station in Bhiwandi. The case was registered under Sections 64(1) and 64(2)(i) of the Bharatiya Nyaya Sanhita and Section 4 of the POCSO Act.
Medical board clears termination procedure
As the pregnancy was above 24 weeks, the aunt approached the HC seeking termination of pregnancy, as required under the Medical Termination of Pregnancy Act.
Pursuant to an earlier HC order, the medical board at Sir JJ Hospital submitted a report on Monday stating that the survivor was fit to undergo MTP. It, however, noted that the foetus was over 25 weeks old and did not suffer from congenital abnormalities.
The judges also interacted with the survivor through video conference, when she said that she wanted to terminate the pregnancy of her own free will and was not being pressured by anyone.
Court cites constitutional protections
Allowing the plea, the court observed that the MTP Act leaves no scope for interference by family members or partners in matters of reproductive choice.
“We are conscious of the petitioner’s right to reproductive freedom, her autonomy over the body, and her right to choice, privacy and dignity, all of which are constitutionally protected,” the bench said.
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It directed Sir JJ Hospital to carry out the procedure after making necessary arrangements. It further directed the State government to bear medical expenses if the child is born alive and to provide compensation to the survivor under the Manodhairya Scheme.
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