Independent Entitlement Of Minor To Make A Choice About Her Body Deserves To Be Respected: Bombay HC Allows Minor Rape Victim To Terminate Pregnancy
The Bombay High Court allowed a minor rape victim to terminate her pregnancy observing that the minor was entitled to make a choice about her body and the same deserved to be respected.
The Bench relied on a medical board's report to conclude that the 15-year-old minor faced a risk of grave psychological injury if the termination was not performed. Considering her emotional and mental health, the Court noted her statement that continuing the pregnancy would be difficult. Section 3(2)(b)(i) of the Medical Termination of Pregnancy Act, 1971 (MTPA) allowed termination by a registered medical practitioner if continuing the pregnancy posed a risk to the woman's life or could cause physical or mental health risks.
A Division Bench of Justice Kamal Khata and Justice Shyam C. Chandak observed, “The minor ‘X’ having been found to be exposed to the risk of grave psychological injury should the termination not be effected, and having been found physically fit for termination of pregnancy, is hereby given permission for undergoing the stipulated procedures in accordance with the applicable protocols for effecting such termination as prayed for in this Petition.”
Advocate Sameer Khatib represented the petitioners, while APP P.P. Shinde appeared for the respondent.
The mother of the victim had filed a petition under Article 226 of the Constitution before the Court to be allowed to terminate the pregnancy of her 15-year-old daughter under the MTPA.
The Court promptly directed that the Medical Board of a hospital evaluate the victim. The assessment concluded that the minor was physically and mentally fit for the procedure, pointing out the considerable risk to her mental and physical health if the pregnancy continued.
The minor was suffering from tuberculosis and experienced physical and mental distress due to her condition. The pregnancy was a result of a rape which was only discovered after she complained of stomach pain. The police registered the case under Sections 376, 367(2)(n), 354 of the IPC and Sections 4, 6, 8, 10 and 12 of the Protection of Children from Sexual Offences (POCSO) Act against the accused.
The Court's decision was influenced by the Medical Board's report, which included evaluations by specialists from various medical fields. The Board's unanimous opinion was that continuing the pregnancy would cause severe mental stress to the minor and her physical health. Given her age and medical condition, she was at considerable risk.
The Court also considered the recent Supreme Court judgment in the case of A v. State of Maharashtra (2024 SCC OnLine SC 835), which postulated the importance of a woman's health and the necessity of safe and accessible abortions. The judgment stated that the MTPA protects the right to abortion as an intrinsic element of the fundamental rights to privacy, dignity, and bodily integrity under Article 21 of the Constitution.
Consequently, the Bench was of the view that “the independent entitlement of minor to make a choice about her body and to exercise it in the form of option for medical termination of her pregnancy, deserves to be respected and thus lends itself to acceptance.”
Accordingly, the High Court disposed of the petition.
Cause Title: S & Anr. v. The State of Maharashtra (Neutral Citation: 2024:BHC-AS:22744-DB)
Appearance:
Petitioners: Advocate Sameer Khatib
Respondent: APP P.P. Shinde