A division bench of the Bombay High Court at Aurangabad comprising Justice Ravindra V Ghuge and Justice YG Khobragade recently denied termination of 24-week pregnancy of a 17-year-old girl.
The girl was allegedly raped and the mother had filed a First Information Report (FIR). The mother alleged that her daughter was abducted by unknown persons and was raped.
Advocate SJ Salunke, appearing for the girl, argued that the victim is a child within the meaning of section 2(d) of the Protection of Children from Sexual Offences Act, 2012 and penetrative sexual assault resulted in pregnancy which is now above 24 weeks. Therefore, considering the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971, where the pregnancy is caused due to rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant petitioner.
He further added that denying a woman the right to say no to medical termination of pregnancy and fasten her with the responsibility of motherhood would amount to denying her human right to live with dignity as the petitioner has a right in relation to her body which includes saying “yes” or “no” for being a mother.
The investigation revealed that the girl and the accused had a love affair and developed physical relations on many occasions. It was also found that the victim herself brought a pregnancy kit from a medical store and performed a self-pregnancy test with the said kit and confirmed that she became pregnant.
The victim had not informed her mother about. The victim then left for Aurangabad with the accused to get married, but could not do so since she fell short of a few days to turn 18.
The medical board had opined that termination beyond 24 weeks of pregnancy only for foetal abnormality cases and that a child born will show signs of life, but not capable of its independent survival.
The division bench observed that the future health of the child, as well as its physical and mental development, needs to be considered. “In the backdrop of the girl having accompanied her friend and having had physical relations with him for a couple of weeks until they were apprehended, we are of the view that the future health of the child as well it’s physical and mental development needs to be considered at this stage. When a live child is going to be born even today, we might as well let the child be born after 15 weeks and if the petitioner desires to give away the child to an orphanage, she shall have the liberty of doing so,” the bench observed.
The girl informed the high court that after the child is born, it would be handed over to an orphanage for adoption.
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