A victim of sexual assault cannot be compelled to continue her unwanted pregnancy, the Bombay High Court has said while allowing a 12-year-old girl to abort her 28-week pregnancy despite an adverse report from medical experts, reported the PTI.
The court emphasised that to force her to give birth against her wish would be to deprive her of the fundamental right to decide the “path of her life.”
A medical board, after thoroughly examining the young girl, had previously opined that the process of terminating the pregnancy would carry a high degree of risk.
This assessment was made considering both the girl`s tender age and the advanced stage of the fetus`s growth.
However, a bench comprising Justices Nitin Sambre and Sachin Deshmukh, in their June 17 order, firmly held that the abortion must be permitted. “This court cannot force the victim to carry her pregnancy against her wishes, as in such an eventuality, the state would be stripping her of the right to determine the immediate and long term path of her life,” the High Court stated, underscoring the victim`s autonomy.
The court further articulated the need for sensitivity in such matters.
“We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status, however, in case of unwanted or incidental pregnancy the burden invariably falls on the pregnant woman/victim,” the court observed, as reported by PTI.
The circumstances of the case revealed that the girl had tragically been sexually assaulted by her uncle, leading to a formal case being registered against him. Consequently, the girl`s father had approached the High Court, seeking permission to terminate her pregnancy, which was a direct result of the sexual assault.
While granting permission for the termination of pregnancy, the court stipulated that all necessary safety protocols must be rigorously followed during the procedure to ensure that no complications arise. The High Court further directed that the procedure should be carried out by a comprehensive medical team, which must include a paediatric surgeon, given the age of the patient.
Under the provisions of the Medical Termination of Pregnancy Act, abortion after 20 weeks of pregnancy is generally prohibited. However, the Act allows for exceptions if permission is granted by a court. A court can permit abortion in such specific cases if there is an abnormality in the fetus, if the health of the expectant mother is at significant risk, or if the woman is a victim of sexual assault. This ruling reiterates the judiciary`s progressive stance on a woman`s reproductive rights, particularly in vulnerable circumstances.
(With inputs from PTI)
