The Bombay High Court on Monday refused to allow a 18-year-old rape survivor to terminate her 27-week pregnancy after a medical board ruled “there is a threat to her life if she is allowed to terminate her pregnancy”.
A Division Bench of Justices Abhay Oka and M.S. Sonak was hearing a plea of a college student from Satara, who was raped by an acquaintance. An FIR has been filed against the accused. The girl later learnt she was pregnant and moved the High Court last week seeking permission to abort. The survivor is the eldest of four siblings and had just completed her Class XII examination.
The Medical Termination of Pregnancy Act, 1971, permits abortions only up to 20 weeks of pregnancy. Advocate Kuldeep Nikam, appearing for the survivor, said, “If the pregnancy is allowed, it will constitute injury to her mental health and if she gives birth to the child, it will cause her life-long mental trauma.” Last week, the Bench directed the Dean of BJ Government Medical College and Sassoon General Hospital in Pune to constitute a medical committee to examine the girl.
Mr. Nikam told the court that the girl wanted to terminate the pregnancy and sought the court’s permission to do so. The Bench ruled that abortion could not be permitted as it posed a threat to her life. The court said that the girl would be given all benefits from the State government to help her family raise the child.
The court said the family could avail of the Manodhariya scheme which grants ₹10 lakh and put up the child for adoption if they wished to do so.
The court has kept the petition pending in case the girl needs its support at any stage to bring up the child. However, Mr. Nikam will be moving the Supreme Court on September 11.