Bombay HC on Monday granted permission to a 12-year-old victim of rape and sexual assault the right to undergo medical termination of her pregnancy which was caused by the assault, in spite of the pregnancy going beyond the permissible limit of 20-week with the foetus showing minor abnormalities, according to reports.
In its decision to grant the permission, Justices SJ Kathawalla and Abhay Ahuja noted the mental anguish and trauma the minor girl would be subjected to if the pregnancy was forced to be carried to its completion.
Further, the vacation bench cited an earlier order from April 2019 which stated that forcing a pregnancy to continue which was dangerous for a woman’s mental health is a violation of the fundamental right to life.
The Bombay HC bench cited the 2019 order and stated “… in a situation where continuation of pregnancy poses grave injury to the physical and mental health of the mother, the pregnant mother could not be forced to continue with the pregnancy merely because it had extended beyond the ceiling of 20 weeks”. Quoting from the 2019 order, it added, “The same would be a serious affront to the fundamental rights of such a mother to privacy, to exercise reproductive choices, and even to her bodily integrity as also dignity,”
The vacation bench led by Justice Kathawalla informed that the victim was at the state-run JJ hospital where the doctors examining her had confirmed that the victim was anguished with the pregnancy. Panel from the JJ hospital panel informed HC that continuation of the pregnancy would result in an adverse psychological effect for the victim.
While directing the JJ hospital authorities to give counselling and requisite medical support to the victim, HC said, ”It is further opined the continuation of such an unwanted pregnancy will have physical and mental stress to minor as well as have a psychological impact.”
