Bombay High Court Allows Abortion for 14-Year-Old Rape Survivor Pregnant at 24 Weeks

Accused befriended the minor on Instagram; permission granted following medical clearance

Mumbai, June 10:
The Bombay High Court has granted permission for a 14-year-old rape survivor from Maharashtra’s Raigad district to terminate her 24-week pregnancy. The decision follows a detailed medical evaluation and comes under the provisions of the Medical Termination of Pregnancy (MTP) Act.

The case involves a young man who befriended the minor on Instagram and subsequently subjected her to sexual exploitation. The girl’s mother suspected something was wrong when her daughter missed her menstrual cycle for six months. A medical examination later confirmed the pregnancy, prompting the family to file a First Information Report (FIR) under the Protection of Children from Sexual Offences (POCSO) Act.

Court-Ordered Medical Assessment

On June 6, the High Court directed the surgeon at Alibag Civil Hospital to constitute a medical board to evaluate the minor’s health. The board initially found the girl to be anaemic and recommended correcting her haemoglobin levels before surgery could be considered.

During the hearing on Tuesday, the board submitted a second report confirming that the girl’s condition had stabilised and that she was now fit for the procedure. It also assured the court that the abortion would not affect the girl’s long-term reproductive health. Based on this assessment, the court authorised the termination of pregnancy.

Precedents in Abortion Rulings

The Bombay High Court's ruling adds to a series of significant judicial decisions in recent years regarding abortion in cases involving minors and survivors of sexual assault:

• Gujarat High Court (2024): In a rare and historic decision, the Gujarat High Court allowed a 13-year-old rape victim to terminate a 33-week pregnancy. The court instructed the Chief Medical Officer to oversee the procedure, marking one of the most advanced-term abortions legally permitted in India.

• Delhi High Court (2024): On May 7, the Delhi High Court denied a 27-week abortion request by a 20-year-old unmarried woman, stating that the fetus was healthy and that terminating it would not be legally or morally justifiable.

• Supreme Court (2017 & 2024): In 2017, the apex court allowed a minor rape victim to terminate a 32-week-old fetus, citing exceptional circumstances. In a similar case in 2024, the Supreme Court granted a 14-year-old girl permission to abort a 30-week pregnancy.

Legal Framework for Late-Term Abortion

The Medical Termination of Pregnancy (MTP) Act governs abortion in India. As per the latest amendments in 2020, the law permits abortions up to 24 weeks for rape survivors, minors, married women, and women with physical or mental disabilities. For pregnancies exceeding 24 weeks, termination requires court approval based on a medical board’s recommendation.

The legislation aims to ensure access to safe and legal abortion while balancing ethical and medical concerns, especially in complex cases involving minors and survivors of sexual abuse.