Bombay High Court Bench expounded that,“Considering her age, trauma she has suffered because of the sexual abuse and agony she is going through at present and report of the experts, we do not feel the medical termination should be disallowed”.
Bombay HC while relying on the reports of the Medical Boards of KEM and JJ hospitals, allowed a 13-year-old rape victim and a 27-year old woman to undergo abortion in 26th week of pregnancy.
Since Medical Termination of Pregnancy Act (MRTP) in India does not allow abortion after 20 weeks of pregnancy, both parties had moved HC.
In the case of 13 year old girl, High Court had constituted a board of the Medical Experts from the KEM Hospital, who examined her on December 2 and opined that allowing “25 weeks and 3 day” old pregnancy to continue may cause additional pregnancy-induced hypertension and may lead to maternal mortality.
While the case of, 27-year-old woman the foetus was detected in 23 week with multiple skeletal, spinal and neurological deformities and it was confirmed that foetus had “Arnold-Chiari malformation”.
JJ Hospital Medical Board which examined her stated that over 25 weeks foetus fulfils criteria of the substantial risk of serious physical handicap and risk of termination at this stage remains same as the natural labour at term.
High Court in its order enunciated that,”If foetus is allowed to be born, it will risk lifelong serious physical handicap. They allowed woman to undergo MTP considering that it is her fundamental right under the Article 21(Right to Life) of Constitution of India to live a life of dignity as guaranteed under it. They asked both the Petitioners to remain present at respective hospitals on Wednesday so that MTP can be done within a day or two.