Bombay HC denies permission to terminate 28-week pregnancy of minor rape survivor
“If in any case the child is going to be born and the natural delivery is just 12 weeks away, we are of the view that the health of the child and its physical and mental development need to be considered,” the high court said.;
Bombay High Court
Mumbai: The Aurangabad bench of the Bombay High Court has refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage.
The baby would require neonatal care, as per the doctors.
Also Read:Delhi HC directs GTB Hospital to terminate pregnancy of 13-year-old minor rape survivor
A division bench of Justices R V Ghuge and Y G Khobragade in its order of June 20, said if a child is going to be born even with forcible delivery, then they might as well let the baby be born full-term keeping its future in mind.
The court was hearing a petition filed by the rape victim’s mother seeking permission to abort the girl’s 28-week pregnancy.
The woman in the plea said her daughter went missing in February this year and was found with a man in Rajasthan three months later by police.
A case was lodged against the man under relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.
A medical board, after examining the girl, said that even if the pregnancy termination proceedings are done, the baby would be born alive and would have to be admitted in a neonatal care unit and the girl would also be at risk.
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