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Bombay HC Permits Minor Rape Victim to Terminate Pregnancy After Deteriorating Mental Health

Bombay High Court on Tuesday, while hearing a petition filed by a 17- year old rape victim, permitted to terminate her 25-week long pregnancy.

Bombay High Court on Tuesday, while hearing a petition filed by a 17- year old rape victim, permitted to terminate her 25-week long pregnancy. After reading the victim’s petition, a division bench of Justice Milind N Jadhav and Justice KK Tated observed that the pregnancy is causing grave injury to her mental health as well as physical health.

The order was given despite the hospital board advising against the abortion. In their report, the board stated that a healthy child could be delivered, if the pregnancy is continued. They also advised that after the child is born, the family can then put him/her up for adoption or that the victim could take care of the child with psychological support and counselling.

However, the bench noted that since the pregnancy was caused by rape, the petitioner is suffering mentally and therefore, allowed her to undergo medical termination of the pregnancy.

In its order, the bench said, “The petitioner is permitted to undergo medical termination of pregnancy as per medical board’s opinion dated 29.06.2020, at a medical facility of her choice or Seth GS Medical College and KEM Hospital, Parel, Mumbai”

It was further added that, “In case the child is born alive during the termination procedure and if the petitioner and her parents are not willing or are not in a position to take responsibility of the baby, then the state government and the agencies concerned will have to assume full responsibility of the child.”

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