Mumbai high court allows 14-year-old rape survivor to end 26-week pregnancy
MUMBAI: The Bombay high court on Thursday allowed a 14-year-old rape survivor to end her 26-week pregnency after a medical board said that she was allowed to undergo a Medical Termination of Pregnancy (MTP).
A division bench of justices Revati Mohite Dere and Neela Gokhale let the minor terminate the advanced pregnancy after acknowledging her right to reproductive freedom, her autonomy over her body, her right to choice, and after consulting a medical board.
Under the MTP Act, 2021, 24 weeks is the permissible limit to end a pregnancy, but the minor approached the Bombay high court after crossing the 24-week limit and said that she was only 14 years old and was unable and unwilling to carry the pregnancy forward.
The court, on June 6, responded by ordering the civil surgeon, Alibag, to constitute a medical board to examine the minor's physical and mental health and submit a report to the court.
The medical board said that since the girl was a minor the MTP could be allowed after treating her anemia. Additional government pleader MP Thakur asked the court to pass orders based on the medical board's report.
Members of the medical court assessed her anemia and told the court on June 10 that her hemoglobin levels had risen sufficiently and she was fit to undergo the procedure.
Once doctors said that the MTP would not complicate the minor's future pregnancies the court allowed her to undergo the procedure and end her pregnancy.
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Time of India
a day ago
- Time of India
Minor seeks permission from Delhi high court to terminate pregnancy after sexual assault, HC asks AIIMS for report
New Delhi: A 16-year-old minor victim of sexual assault sought the Delhi High Court 's nod on Friday to terminate her 26-week-old pregnancy. Taking note of her plight, HC asked for a report about the feasibility of carrying out the termination procedure from the All-India Institute of Medical Sciences (AIIMS) after it was informed that, on intimation of the police, the hospital set up a board on Friday itself. "Keeping in mind the urgency cited, the above medical board is directed to conduct the necessary medical examination and to give the requisite report. Let such report be transmitted to this Court in a sealed envelope on or before 30 June 2025, or the investigating officer of the case would be permitted to collect such sealed envelope, containing the report, from the concerned medical board," Justice Manoj Jain noted. You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi The girl, who was sexually assaulted twice, moved the court through her mother and informed her that she is currently at an approximate 26-week gestational period as per the latest ultrasound findings. Since the current gestational age is beyond the permissible limit of 24 weeks, the mother sought the intervention of the HC for termination of the pregnancy, claiming that the minor learnt only on 21 June 2025 that she was pregnant. Through their counsel, the mother-daughter duo said she wants to terminate the pregnancy arising out of the alleged sexual assault and sought that a medical board be constituted to submit its medical opinion in terms of Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971. The plea also sought a clear direction to the authorities to medically terminate such pregnancy as she is not willing to continue with it. It was also submitted that since the pregnancy is a direct consequence of sexual assault, the anguish caused by such pregnancy is required to be presumed as a grave injury to her mental health. Aware of the urgency of the situation, as the minor is a victim of sexual assault, the court asked AIIMS to immediately examine the victim and furnish a report so that it can take a call if she is fit to undergo the procedure. Last year, the HC, in a separate matter of a widow suffering from depression, recalled its nod for termination of the fetus after AIIMS, where the woman was medically examined, opined against it. In its report, AIIMS said as per the MTP Act, the provision of termination of pregnancies beyond 24 weeks is to be done for fetuses having significant abnormalities and "feticide in this case is neither justified nor ethical as the fetus is grossly normal. "
India Today
4 days ago
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Bombay High Court permits abortion after woman cites trauma, end of relationship
While observing that a 31-year-old woman had become pregnant because of a failed contraceptive and she was no longer in the relationship which led to her pregnancy, the Bombay High Court permitted a woman to undergo Medical Termination of Pregnancy (MTP). The woman told the court that she did not want to continue her pregnancy, which was causing her mental trauma. advertisementThe bench of Justices Revati Mohite Dere and De Neela Gokhale were hearing a plea of a woman who was in her 25th week of pregnancy. The woman told the court that the pregnancy occurred on account of failure of a contraceptive device used by bench interacted with the woman, who told them she had a history of illness and the relationship which led to her pregnancy was over. 'In these circumstances, the continuance of the pregnancy is causing her a tremendous amount of anguish, constituting grave injury to her mental health,' observed the bench. The petitioner's parents and family members were also not aware of her pregnancy. She stated that if her parents learned about her pregnancy, they would not accept the same, leaving her in a complete lurch to fend for petitioner told the bench that she quit her job about a few months back and that instead of looking for a new job, on learning of her pregnancy, she is now required to run pillar to post to consult doctors from Mumbai and Pune for their opinion to terminating her bench observed that the woman was extremely disturbed, having to face these challenges and had thus made a conscious decision to terminate the pregnancy. The bench ascertained that she had made the choice of her own free will and she was not desirous of continuing the bench also saw that the woman was left in a lurch by her own circumstances as well as the refusal of her partner to offer support and assistance to her in any manner, despite being an active participant in bringing about the present situation.'The Petitioner is naturally apprehensive about social stigma as well as facing her own parents, who may not be supportive in the circumstances,' observed the bench and thus asked the woman to get her estranged partner to the chamber the woman's former partner came to court, he immediately offered to deposit an amount of Rs one lakh in the account of the Petitioner for medical and legal expenses to be incurred by bench observed that the man 'appeared to be a mature person" and accepted responsibility. He also assured us that he would accompany the petitioner to the hospital, if she so desired, and remain with her during the entire ordeal.'- EndsMust Watch
Time of India
21-06-2025
- Time of India
‘Mature' ex-partner offered to pay for MTP at 25+ weeks: HC
Mumbai: Even as Bombay high court permitted a woman to terminate her over 25-week pregnancy, her estranged partner offered to be with her during the "entire ordeal" and bear the expenses. "He immediately offered to deposit an amount of Rs 1 lakh in the account of the petitioner for medical and legal expenses to be incurred by her. He appeared to be a mature person and accepted responsibility. He also assured us that he will accompany the petitioner to the hospital, if she so desired, and remain with her during the entire ordeal," said Justices Revati Mohite Dere and Neela Gokhale in the June 19 order. The woman (31), sought the HC's nod as she had crossed the 24-week legally permissible limit. Her petition stated the pregnancy was due to the failure of a contraceptive device used by her and her then partner. As they are no longer in a relationship, she was not desirous of continuing with the pregnancy. Her parents were not aware of her pregnancy and would not support her, leaving her to fend for herself. She was also between jobs. Her advocate, Nikita Raje, said she has no financial or emotional support to carry the pregnancy to full term. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo Her former partner was unwilling to offer any assistance. Following the HC order, the J J Hospital medical board examined her and found no foetal anomaly. The judges took note of the "pertinent" opinion on her psychiatric evaluation. The woman had a history of sadness and stress, alcohol consumption, smoking, and experimenting with cannabis. She had undergone surgeries for illnesses in the past. However, she was found fit to make a decision for medical termination of pregnacy (MTP) and to undergo the MTP procedure. The judges interacted with the woman. She appeared to be "extremely disturbed having to face these challenges". "The petitioner has thus clearly made a conscious decision to terminate the pregnancy," they said. Considering a Supreme Court decision that the pregnant person's view must be regarded, the woman's right to reproductive freedom, and the psychiatric evaluation, the judges were "satisfied that the continuance of the pregnancy shall adversely affect the already disturbed psychological condition of the petitioner". Finding the woman "was left in a lurch by her own circumstances" as well as her partner's refusal to support her, "despite being an active participant in bringing about the present situation," the judges permitted her to implead him. They accepted his offer and directed him to deposit the amount the amount in the woman's account.
