Debangana Ray
Published on July 1, 2022 at 21:08 IST
The Bombay High Court, recently allowed the termination of a 16 weeks’ pregnancy of a minor who was victim of sexual abuse.
The bench consisting of Justices AS Chandurkar and Urmila Joshi-Phalke noted that the Apex Court has observed that reproductive choice is an inseparable part of a woman’s personal liberty as guaranteed under Article 21 of the constitution of India.
“She cannot be forced to give birth to a child…She has a choice to give birth to the child or not,” it observed.
The petitioner was a minor who had committed murder and was in an observation home. It was discovered that she was pregnant from a sexual crime. A case was registered under the Protection of Children from Sexual Offences Act, 2012.
The petitioner pleaded that she is economically weak and she was willing to bear a child.
The bench called for a medical report which stated that she was 16 weeks pregnant. The bench noted Section 3 of the Medical Termination of Pregnancy Act, 1971 provides for termination of pregnancy.
When the length of the pregnancy exceeds twelve weeks, if the continuance of the pregnancy would involve a grave risk to the life or mental health of the pregnant woman, the pregnancy can be terminated.
Explanation 1 further allows termination of the pregnancy is caused by rape as the anguish caused by such pregnancy shall constitute a grave injury to the mental health of the pregnant woman.
The bench noted that in the present case the petitioner is a minor and is unmarried. Also, She is a victim of sexual abuse and was lodged in an observational home for an offence of murder.
The bench stated that declining permission to terminate the pregnancy would be tantamount to compelling her to continue with her pregnancy which in the circumstances will not only be a burden on her, but it would also cause grave injury to her mental health.
Considering these observations, the court allowed the termination of the petitioner’s pregnancy regardless of her having completed sixteen weeks.