MUMBAI: Bombay high court on Monday refused a
rape survivor's plea to medically terminate her pregnancy which was in the 28th week.
A bench of Justices
Abhay Oka and
Mahesh Sonak said in view of the opinion by a medical board of Pune's Sassoon Hospital that medical termination could pose risk to her life, "it is impossible for this court to permit MTP." The court heard a petition by a Satara-based college student, who was sexually assaulted before she turned 18, to allow her to terminate her pregnancy which is beyond 20 weeks.
Her advocate Kuldeep Nikam argued that if she wants to take a risk there should be no objection to her undergoing MTP as it would save her life-long trauma. He also said a second opinion may be taken. But the bench said, "There is no material on record to show why the court should disbelieve the opinion of six senior medical practitioners."
It noted said there is a categorical opinion that it will be a high-risk termination as the pregnancy has advanced. The board also said the foetus is normal and has no congenital abnormalities. Nikam cited judgments and even an explanation in the MTP Act, but the bench said considering the medical opinion it cannot issue a mandatory direction.
Government pleader
Abhinandan Vagyani said in such cases, the survivor is admitted to a hospital and taken care of till the child is delivered. Thereafter, social workers inform the Child Welfare Committee to put the child up for adoption.
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