Mumbai: The Bombay High Court on Thursday permitted a 15-year-old rape survivor, who has borderline intellectual functioning (IQ 80), to undergo medical termination of pregnancy (MTP), observing that continuation of the pregnancy would cause her “grave anguish” and pose serious mental health risks.
Case Background and Medical Board Review
A bench of Justices Revati Mohite-Dere and Sandesh Patil passed the order while hearing a plea filed by the minor through her father. The girl, 15 years and seven months old, was sexually assaulted by her neighbour and is currently 27 weeks pregnant. She is studying in Class 10 and is due to appear for her board exams in March 2026, said her advocate Swapna Kode.
On October 31, the HC had referred her case to a medical board at Sir JJ Hospital. The board’s report, submitted on November 6, stated: “On detailed review of clinical records, psychiatric, paediatric and psychological evaluation… it is noted that the petitioner is a minor (age 15 years)… with no gross lethal congenital anomaly.”
Although the board said it was not empowered to recommend termination beyond 24 weeks, it added that “if the Hon’ble Court is of view that continuation of pregnancy would have grave anguish to the petitioner while continuing an unwanted pregnancy, the Hon’ble Court may consider permitting termination”.
Medical Opinions Highlight Risks
The court took note of the medical opinion of Dr. Mujahid Shaikh, Assistant Professor, Department of Psychiatry, JJ Hospital, who said the girl “would not be in a position to take care of the baby emotionally, financially and socially” and that continuation of pregnancy “would pose great risk of depression, anxiety, post-traumatic stress and disruption of psychological development.”
A clinical psychologist, Ms. Zainab Khan, also noted that children with borderline intellectual functioning “have slow mental processing and underdeveloped planning and problem-solving skills”.
Parental Consent and Court Directives
Both parents, who are labourers, filed affidavits consenting to termination. The court directed that the procedure be carried out at Sir JJ Hospital “expeditiously, keeping in mind the petitioner’s health and safety,” and that she be given “psychological counselling, both before and after the procedure”.
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It further ordered that if the child is born alive, the hospital must provide intensive care at the State’s expense and preserve DNA samples for the criminal trial. The bench also directed the government to process and release interim compensation to the survivor under the Manodhairya Scheme “at the earliest”.
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