Bombay HC Permits 11-Year-Old Sexual Assault Survivor To Terminate 30-Week Pregnancy

The Bombay High Court on Thursday permitted an 11-year-old sexual assault survivor to terminate her 30-week pregnancy. The court allowed the minor to undergo the procedure following an opinion of the Medical Board of JJ Hospital which said that she was “physically and mentally fit to undergo medical termination of pregnancy”. 

A vacation bench of Justices Sharmila Deshmukh and Jitendra Jain said the minor shall undergo the procedure for termination on Thursday itself at the JJ hospital here. 

The HC was hearing a petition filed by the minor’s father seeking permission to end the pregnancy as it crossed the 20-week threshold. The Medical Termination of Pregnancy (MTP) Act mandates court’s permission to terminate pregnancy beyond 20-week gestation.

The plea contended that girl is a survivor of sexual assault and a case has also been registered against an unknown person under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. 

The HC, on October 29, had asked the medical board to examine the girl and submit a report. 

The report stated that at the time of examination, the “mother” is physically and mentally fit to undergo the procedure. “However, the final opinion regarding fitness will be decided depending upon the clinical condition of the mother at the time of procedure,” the report added. 

The HC while permitting the minor girl to undergo the procedure, directed to preserve the blood and tissue samples of the foetus for carrying out DNA or other tests that would be required during the trial of the criminal case.

It emphasised that in case the child is born alive then all medical facilities should be made available to save its life. “If the child is born alive and the petitioner or her parents are not willing to or are not in a position to take responsibility of the child, the State government will assume full responsibility of the child,” the court said.