Bombay High Court Permits Termination Of 30-Week Pregnancy For 11-Year-Old Rape Survivor

Highlights

   •  The Bombay High Court has authorized a 30-week pregnancy termination for an 11-year-old rape survivor, based on a medical board's assessment of her fitness for the procedure.
   •  The court directed DNA preservation for potential investigations and offered state support should the child survive and family care be unviable.

The Bombay High Court has granted permission to terminate the 30-week pregnancy of an 11-year-old rape survivor, following an assessment by a medical board that deemed the young girl physically and mentally fit for the procedure.

The decision was made by a bench comprising Justices Sharmila Deshmukh and Jitendra Jain, responding to a petition from the girl’s father. Initially, the family believed her abdominal hardening was due to a stomach infection.

A hospital in Thane initially prescribed medication, but with no improvement, a subsequent examination at a Mumbai hospital on October 24 confirmed her pregnancy. Following this, the father filed an FIR against an unidentified assailant.

The case was filed under Section 65(2) of the Bharatiya Nyay Sanhita (for rape of a minor under 12) and Section 4 of the POCSO Act (penalty for penetrative sexual assault).

The court ordered that blood and tissue samples from the fetus be preserved for DNA testing, which could assist in future criminal inquiries.

The bench further directed that if the child is born alive and the family is unable to provide care, the state will assume responsibility, ensuring all necessary medical support to preserve the child’s life if needed.