Bombay HC allows rape survivor, 17, to abort 28-week pregnancy

The Nagpur bench of the Bombay High Court has allowed a 17-year-old rape survivor to terminate her pregnancy of about 28 weeks and 6 days. The court said a woman's decision and wishes regarding her own body must be taken very seriously, and that her wishes on whether to continue or medically terminate the pregnancy deserve equal consideration.

The bench of Justice Anil Kilor and Justice Rajnish Vyas passed the order after examining a medical board report, the survivor's circumstances and her wishes. The girl, through her father, had filed a petition in the High Court seeking permission for the abortion.

The court had directed a medical examination of the survivor on September 10. The first report found her unfit for the abortion procedure. She was examined again about a week later, and in its second report on September 17, the medical board found her fit for the procedure both physically and mentally. Based on this report, the court directed the dean of Government Medical College and Hospital (GMCH), Nagpur, to complete the procedure promptly while following the necessary medical precautions and safety standards.

In its order, the High Court also cited an earlier Supreme Court ruling. The court held that a pregnancy resulting from sexual assault can add to the survivor's mental stress and trauma, and that in such cases not just physical health but also the survivor's mental condition, dignity and wishes must be taken into account.

The girl told the court about her circumstances and expressed her wish to have the pregnancy terminated. Considering aspects of life, personal liberty, bodily autonomy and dignity under Article 21 of the Constitution, and based on the medical board's positive opinion, the court granted permission.

Given the ongoing criminal investigation, the High Court also issued another key direction. Koradi police have been directed to collect the necessary biological samples of the survivor and the foetus as per law and preserve them for DNA testing, so that evidence remains available for the criminal investigation and further court proceedings. The court also said that necessary consent regarding the possible risks involved must be taken from the survivor and her family before the medical procedure.

The advanced stage of the pregnancy was a major medical risk factor in this case. Even so, the court gave weight to the medical board's second report finding the girl fit, as well as to her own wishes. The High Court's ruling highlights the importance of a survivor's dignity, bodily autonomy, mental health and right to decide in such cases, while also ensuring that DNA evidence linked to the criminal case is preserved alongside the medical procedure.