Bombay High Court grants permission for Medical Termination of Pregnancy, for raped 14-year-old
The Bombay High Court has granted permission for the Medical Termination of Pregnancy (MTP) of a 14-year-old girl who was raped by her cousin brothers. The girl, who is severely anaemic, was 26 weeks pregnant and sought the court's approval to terminate the pregnancy, as pregnancies beyond 24 weeks require judicial authorization.
The girl’s lawyer, Manisha Jagtap, argued that, at just 14 years old, the minor was neither physically nor emotionally capable of carrying the pregnancy to term. On August 23, the court had ordered a medical board to evaluate the girl at the Alibaug hospital in Raigad district. The board reported that she was undernourished and anaemic but recommended that the termination could proceed after addressing the anaemia.
A psychologist on the board also supported termination, citing the girl’s traumatic experience and overall well-being. After reviewing the medical reports and legal arguments, Justices AS Gadkari and Neela Gokhale recognized the girl's right to reproductive freedom and bodily autonomy. They authorized the termination, contingent on the correction of her anaemia.
The court also ordered the preservation of the foetus's DNA and instructed the hospital to provide comprehensive post-delivery care, including counselling and neo-natal care if necessary, due to the girl being a victim of sexual abuse.