Nagpur: The Nagpur Bench of the Bombay High Court has permitted a 17-year-old sexual assault survivor to terminate her 28-week-and-six-day pregnancy, citing her reproductive autonomy and the findings of a medical board.
The teenager had approached the court through her father seeking permission to terminate the pregnancy, which resulted from sexual assault. The case was registered with the Koradi police.
A medical board was initially constituted to assess whether the termination could be safely carried out. Its first report, submitted on September 11, found that the girl was not medically fit for the procedure. Following a request for a fresh assessment, she was examined again on September 17. The subsequent report stated that she was physically and medically fit to undergo the termination.
A Division Bench comprising Justices Anil S. Kilor and Rajnish R. Vyas then allowed the plea. The court observed that an unwanted pregnancy can impose a significant physical and mental burden on the pregnant woman and referred to Supreme Court precedents recognising reproductive autonomy.
The court directed the Dean of the Government Medical College and Hospital (GMCH), Nagpur, to carry out the procedure at the earliest while following all necessary safety protocols.
Since the sexual assault case is still under investigation, the court also permitted the Koradi police to collect and preserve DNA samples from the survivor and foetus in accordance with law. The survivor and her family members were directed to provide the required high-risk consent and assent before the medical procedure.
What the Court Said
The court held that a woman has the right to make decisions concerning her own body and pregnancy. The ruling relied on the principle of reproductive autonomy recognised in earlier Supreme Court decisions.
The case also highlights the legal and medical complexities involved when termination is sought after 24 weeks of pregnancy. In such cases, medical assessment and judicial directions can become relevant depending on the circumstances of the individual case.
