On 26th July, the Aurangabad Bench of the Bombay High Court denied permission for abortion to a 17-year-old minor girl. In the order, a two-judges-bench comprising Justice Ravindra Ghuge and Justice YG Khobragade said the physical relation between the minor and the person accused of rape was consensual and the girl was aware of it. Furthermore, 24 weeks of pregnancy have passed. The girl completed 18 years of age on 29th July.
OpIndia accessed the judgment in the matter. The physical relationship between the boy and the girl was first established in December 2022, and they continued the relationship for months. As per the girl’s statement, she used to go to the accused’s hostel. In March/April 2023, the girl bought a self-pregnancy-test kit and learned that she was pregnant. However, she did not inform her parents about it.
On 1st July, her mother lodged an FIR that someone had taken away her daughter. The police traced the girl and the person accused and brought them to the police station. During the medical examination, it was revealed that the girl was pregnant. On 12th July, the radiologist stated the age of the fetus was 24 weeks and 3 days.
The court said if she did not want to keep the child, she should have approached the court before to take permission for an abortion.
Notably, abortion after 20 weeks of pregnancy requires permission from the court. The mother filed the petition in the Bombay High Court on behalf of the minor. In the petition, the girl sought permission to abort the child under the POCSO act, saying she was a minor. The court gives permission to abort the child after 20 weeks only after considering threats to the life of the mother and child. In the petition, the mother claimed that giving birth to a child at this age would impact the girl’s mental health.
The court said that only 15 weeks were left in the delivery and allowed to give the child up for adoption after birth. The court said the girl or ‘would be a mother’ can live in certain social organizations where special facilities are available to take care of such ‘would be mothers’ such as Shaskiya Vatsalya Mahila Vastigruh or Government’s Savitribai Mahila Rajyagruha.
The Bombay High Court also directed the concerned authorities to arrange for a female psychologist for the girl’s counseling. The court further directed the said organization to ensure proper medical assistance and admit her to the hospital at the right time for delivery. The District Officer of the Women and Child Development Department at Nashik or at Aurangabad has been directed to assist the girl and have interactions with her on a routine basis to monitor her condition.
The identity of the petitioner and her mother was not revealed in the judgment.
