Mumbai: In a significant ruling, the Bombay High Court has held that a sexual assault victim cannot be compelled to carry an unwanted pregnancy, asserting that such coercion would deprive her of the right to determine the course of her life. The court made this observation while permitting a 12-year-old girl to terminate her 28-week pregnancy, despite a medical board’s assessment warning of high risks due to her age and the advanced stage of the foetus.
The bench comprising Justices Nitin Sambre and Sachin Deshmukh passed the order on June 17, emphasising that the state cannot force a victim to give birth against her will. “This court cannot force the victim to carry her pregnancy against her wishes, as in such an eventuality, the state would be stripping her of the right to determine the immediate and long-term path of her life,” the order stated.
The court acknowledged the sensitive nature of the case, especially considering the trauma of a minor girl who had been sexually assaulted by her uncle. A case has been registered against him. The girl's father had approached the high court, seeking permission to terminate the pregnancy.
The medical board, after evaluating the girl, had expressed concern over the risks involved in an abortion at 28 weeks, given her young age. However, the court prioritised the girl's autonomy and mental well-being over the medical opinion.
“We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status. However, in the case of an unwanted or incidental pregnancy, the burden invariably falls on the pregnant woman or victim,” the court noted.
While granting permission, the court directed that the procedure be carried out with strict adherence to medical protocols to avoid complications. It also mandated the involvement of a specialised team, including a paediatric surgeon, to perform the abortion.
According to the Medical Termination of Pregnancy Act, abortions beyond 20 weeks are prohibited unless permitted by a court under exceptional circumstances, such as foetal abnormalities, risk to the mother’s health, or pregnancy resulting from sexual assault.
This ruling is expected to serve as an important precedent in upholding the reproductive rights and dignity of victims of sexual violence.
With PTI inputs