Court rejects abortion for minor rape victim at 28-week pregnancy
The Aurangabad bench of the Bombay High Court rejected a petition filed by a minor rape victim's mother seeking to end the girl's 28-week pregnancy in view of the health risk to her and the unborn child. The court dismissed the petition after a medical board examined the girl and said the baby would be born alive despite pregnancy termination proceedings being carried out.
Court allowed to give away baby to orphanage later
The petitioner said her 15-year-old daughter went missing in February this year and was found by the police three months later in Rajasthan. The man was booked under relevant sections of the Protection of Children from Sexual Offences (POCSO) Act. The court said if the petitioner wishes to, she would be allowed later to give the child away to an orphanage.
Forcible delivery will make health of both vulnerable
A division bench of Justices RV Ghuge and YG Khobragade gave the order on Tuesday last week. Based on the doctors' advice, the bench observed that even if forcible delivery is performed, at the current stage, the baby would be born alive and require neonatal care. Apart from an underdeveloped child being born, the girl would also be at risk, the medical board said.
Natural delivery 12 weeks away: Court
Furthermore, the bench observed that natural delivery is just 12 weeks away. In the case of a forcible delivery, the child will be born but might develop deformities. A premature delivery might also jeopardize the chances of the child's adoption, the court said. The girl's mother then sought permission to allow the girl to be admitted to an NGO or hospital until the delivery.
SC legalized abortion up to 24 weeks last year
In September 2022, the Supreme Court ruled that abortions up to 24 weeks are legal regardless of marital status. Previously, as per India's abortion law, married women could seek abortion up to 24 weeks into pregnancy, while the same was 20 weeks for unmarried women. Abortion was legalized in India under the Medical Termination of Pregnancy Act, enforced in 1971.
