Bombay High Court allows rape survivor, 11, to terminate 30-week pregnancy

The Bombay High Court permitted pregnancy termination at 30 weeks, and mandated blood and tissue samples preservation for future criminal cases.

In Short

• Bombay HC allows abortion for 11-year-old rape survivor
• The court's decision follows medical board's fitness assessment
• Rape victim's father filed FIR after pregnancy confirmed by Mumbai doctors

The Bombay High Court has approved the termination of a 30-week pregnancy for an 11-year-old rape survivor. The court's approval comes after a medical board’s assessment that the young girl is physically and mentally fit to undergo the procedure.

The decision was made by a bench of Justices Sharmila Deshmukh and Jitendra Jain in response to a plea from the girl's father, who said that the family initially believed her hardening stomach was due to a stomach infection.

A Thane hospital initially prescribed medication, but after no improvement, doctors at a Mumbai hospital on October 24 confirmed her pregnancy. The father then filed an FIR against an unknown assailant.

The doctor's also the rape survivor's father and the court's intervention is needed as the minor was over 20 weeks old.

The case has been filed under Section 65(2) of the Bharatiya Nyay Sanhita (punishment for rape of a woman under the age of 12) and Section 4 of the POCSO Act (Punishment for penetrative sexual assault).

The bench directed that blood and tissue samples from the foetus be preserved for DNA analysis, which may help in future criminal investigations.

They further specified that if the child is born alive and the family is unable or unwilling to care for the child, the state will assume full responsibility, ensuring all necessary medical support. All medical facilities should be made available for saving the child’s life, in such cases, said the bench.