Bombay HC Grants Minor Sexual Assault Survivor To Terminate 30-Week Pregnancy

Nagpur bench of the Bombay High Court

The Bombay High Court has granted permission to an 11-year-old sexual assault survivor to terminate her 30-week pregnancy.

A vacation bench, comprising Justices Sharmila Deshmukh and Jitendra Jain, ordered that the procedure take place immediately at the state-run JJ Hospital in Mumbai.

The minor had approached the High Court through her father, seeking legal authorization for the termination. Under the Medical Termination of Pregnancy Act, approval from the court is necessary for pregnancies beyond 20 weeks.

In this case, the girl is a survivor of sexual assault, and a criminal complaint has been filed against an unknown assailant under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.

The court highlighted that under the Constitution, it has the authority to permit medical termination of a pregnancy exceeding the 20-week gestation period in specific circumstances outlined in the Medical Termination of Pregnancy Act.

The bench stated, “The petitioner is a minor girl who is a victim of sexual assault. Hence, the petitioner is permitted to undergo medical termination of pregnancy.”

In addition to approving the termination, the court instructed that blood and tissue samples of the fetus be preserved for potential DNA or other tests required during the trial of the criminal case. This measure aims to ensure that any evidence related to the assault is adequately maintained for judicial proceedings.

Furthermore, the court emphasized the importance of providing medical support in the event that the baby is born alive. It stipulated, “If the child is born alive and the petitioner or her parents are not willing to or are not in a position to take responsibility for the child, the State government will assume full responsibility of the child.”

This provision underscores the court’s commitment to ensuring the well-being of both the mother and the child.

This ruling reflects the court’s sensitivity to the complexities surrounding cases of sexual assault, particularly those involving minors. It addresses the urgent need for compassionate legal and medical support for victims while also reinforcing the judicial system’s role in safeguarding the rights and welfare of vulnerable individuals.

In summary, the Bombay High Court’s decision is a significant step in addressing the rights of sexual assault survivors and ensuring that appropriate legal avenues are available for them.

The court’s actions not only facilitate the medical procedure but also highlight the necessity of protecting the interests of both the minor and the child she carries.