Bombay HC allows rape victim to abort 26-week foetus

Mumbai: The Bombay high court on Tuesday allowed two pregnant women to terminate their unwanted pregnancies. The first case pertains to a 13-year-old rape survivor, whose foetus is 26-weeks-old, while the second case is of a 27-year-old woman whose 25-week-old foetus has a neurological condition. The Medical Termination of Pregnancy Act bars the abortion of foetuses that are over 20 weeks old, unless the procedure is allowed by courts.     

A division bench of Justice Shantanu Kemkar and Justice Girish Kulkarni was hearing both cases.

In the first, the father of the rape survivor stated in a petition that the girl was not physically capable of bearing and delivering a baby and must be saved from the mental and physical anguish that may be caused to her if she continues with the pregnancy.

Forcing her to continue with an unwanted pregnancy would deprive her of her right to safeguard her procreation, motherhood and child bearing, the petition stated.  

The petition also referred to research that claimed that the “risk of maternal mortality could be five times higher for mothers aged 10 to 14 than for those aged above 20 years.”

Keeping in mind the board’s report and the age of the victim, the court said, “Considering the trauma she has already undergone and the agony she is likely to undergo if forced to continue with the pregnancy, we are inclined to allow the plea.”

The court, during the last hearing had directed the medical board of KEM Hospital to examine the teenager and file a report, stating if it would be safe to allow her to undergo the pregnancy-termination process. The court had also directed the dean of KEM Hospital, head of the gynaecology department, professor and head of paediatric surgery department, professors and heads of the radiology and psychology departments, a cardiologist and other experts in the field that the dean may deem fit to examine her and submit report before the court.

According to the petition, the victim’s cousin — who lived in the same in the same house —raped her on multiple occasions. On November 7 this year, the girl complained of pain in the abdomen, following which her parents took her to doctor, who informed them about the pregnancy. A first information report was then registered and the accused was arrested. A medical test also confirmed the pregnancy.   

Subsequently, the same bench permitted the 27-year-old to medically terminate her pregnancy. In this case, the court had appointed panel of doctors from JJ Hospital to examine the woman as well as her child and confirmed that her foetus was suffering severe neurological problems.

The court, while passing the order, said that “considering that child illness, if he born, he will suffer life-long neurological complications and the woman’s constitutional right we are allowing her petition.”