Mumbai: Considering that it was a consensual relationship and that the baby would be born alive even today, the Bombay High Court has refused permission to a 17-year-old to undergo Medical Termination of Pregnancy. It also said that if the delivery was forced, then there were chances of the baby born with abnormalities, which would not be in case of a normal delivery after full term.
A division bench of Justices Ravindra Ghuge and YG Khobragade of the Aurangabad bench of the HC, on July 26, said that the two were in a consensual relationship since December 2022 and had eloped with the intention to get married.
Should have sought termination soon after confirmation of pregnancy: HC
The girl herself got a pregnancy test kit in February and confirmed the pregnancy. But she hid the fact from her parents. "Therefore, it appears that the petitioner victim is not innocent and she was having full maturity of understanding. If the petitioner was not interested to carry the pregnancy, she could have sought permission for termination soon after confirmation of the pregnancy," the bench noted.
The HC was hearing a petition filed by the girl through her mother seeking to medically terminate her pregnancy contending that she was a "child" within the meaning of provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Provisions of MTP Act
As per the provisions of the Medical Termination of Pregnancy Act, court’s permission is required to terminate pregnancy beyond 20 weeks, if it is found the pregnancy poses a threat to the life or health of the mother or the child.
The petition claimed that the pregnancy would cause grave injury to the petitioner’s mental health as she wishes to study further.
The HC had directed for a constitution of a medical board to examine the girl and submit a report. After pursuing the report, the HC noted that there was no anomaly in the foetus. Or opined that if the pregnancy was terminated at this stage, then the child born “would show signs of life” but “would not be capable of independent survival”.
“If a live baby will be born even today after a forcible delivery of the child, considering the request of the probable mother for terminating the pregnancy, it would lead to an underdeveloped live child being born. There are chances of certain deformities being developed due to such forcible delivery,” the judges said while deciding permission adding that the natural delivery is just 15 weeks away.
Victim permitted to put up her baby for adoption
It said that the girl is at liberty to put up the child for adoption. If the baby is delivered at full term, then there would be no deformity and the “chances of adoption would brighten”.
Expressing apprehension over keeping the girl at a hospital for 15 weeks, the HC has said that she could be kept at a shelter home run by NGOs which take care of pregnant women.
