The Bombay High Court on Thursday said that it was the decision of a 17-year-old survivor whether to medically terminate her 26-week pregnancy or continue the same, after the girl expressed that she and the “accused” were in a consensual relationship and eventually plan to marry and raise the child. The court noted that it was conscious of the girl’s reproductive freedom and her right to choice.
The HC was hearing a petition filed by the girl seeking to terminate her pregnancy. However, the girl showed willingness to continue the same as she intended to marry the man who had allegedly abused her.
“Conscious of the right of Petitioner to reproductive freedom, her autonomy over the body and her right to choice and having considered the findings and opinion of the Medical Board, we permit the Petitioner to medically terminate the pregnancy, if she so desires,” a bench of Justices Ajey Gadkari and Neela Gokhale said.
Considering the girl expressed willingness to continue the pregnancy, the HC said: “However, since she has also expressed her willingness and desire to continue with the pregnancy, she is fully entitled to do so.”
According to the plea, the girl and her mother learnt of her pregnancy when she was taken for a checkup for fever. A case was later lodged against the man for sexually abusing the victim. The victim then moved HC seeking to terminate the pregnancy. She later said she was in a consensual relationship with a 22-year-old man and that they intend to get married and raise the baby.
The girl was examined by a medical board at the state-run JJ hospital which submitted a report to HC saying that there were no abnormalities with the foetus but since the victim was a minor she was not in a proper mental state to deliver the baby. ““The patient, in her current state of health, is not fit for undergoing the procedure as opined by specialists in the discipline of Medicine & Anaesthesia. Patient needs to be stabilised and re-evaluated for fitness which can be done in 2 to 3 weeks,” the report added.
The high court noted that both the victim and her mother have shown their inclination to continue the pregnancy and take it to its full term.
