MUMBAI: The Bombay high court on Monday dismissed a teenage rape survivor’s plea for permission to terminate her 32-week pregnancy, after a medical board confirmed that the baby was likely to be born alive and the procedure could endanger both the foetus’ and mother’s health.
The 18-year-old had approached the high court for termination of her pregnancy, which was a result of sexual assault by her relative. The relative sexually assaulted the teenager on July 17, 2024, after he found out about her relationship with her boyfriend. The relative allegedly blackmailed the survivor by threatening to show her photographs with her boyfriend to other family members.
Later, the woman married her boyfriend and attempted to induce abortion with the support of her husband. However, after the attempt was unsuccessful, her husband prevented her from trying further and physically abused her.
The high court had on March 20, 2025, directed the authorities of Sir JJ Group of Hospitals to constitute a medical board to examine the woman, which reported that the baby weighing 1.9 kg was expected to be born alive without congenital anomalies and will require neonatal intensive care.
“However, as the pregnancy is a result of sexual assault, it may cause physical, mental, and emotional stress to the mother. Considering her mental health, pregnancy can be terminated if the court permitted to do so,” the medical board had added.
After perusal of the report, the division bench of justice Revati Mohite Dere and justice Dr. Neela Gokhale counselled the woman and her mother. After interacting with a doctor over the matter, the bench observed that the chances of the baby being born healthy and normal were much higher if the pregnancy was terminated now.
Finding no lethal congenital anomaly in the baby, the court confirmed her consent for continuing the pregnancy. “The petitioner, however, conveyed that she requires emotional, financial and medical support,” it noted.
To ensure a safe environment for the woman, the bench sought pro-active measures to allow her to reside at her home and directed the JJ Hospital to provide post-delivery care to her, including neo-natal care for the baby. Further, it highlighted the need of counselling to the woman post-delivery, considering she was a victim of sexual assault.
The court also touched upon the possibility of adoption of the baby, stating that if the woman desires to put the child up for adoption, the state and its agencies will assume responsibility of the child and take necessary steps to rehabilitate the child, including exercising the option of placing the child in foster care by following the due legal process.
The court also directed the state government to disburse an amount of ₹30,000 to the teenager within one week, with a compliance report to be submitted by April 30, 2024. “This amount shall be treated as an advance of the compensation that the petitioner is entitled to receive in terms of the government scheme formulated for victims of sexual assaults,” it stated.
