Mumbai: The Bombay High Court on Saturday allowed medical termination of the 28-week pregnancies of two minor girls who are survivors of sexual assault.Justices Bharti Dangre and Manjusha Deshpande passed the orders on their petitions, filed through their parents, seeking HC’s permission as the pregnancies had crossed the 24-week permissible limit under the Medical Termination of Pregnancy Act. On Wed, they directed the medical boards at J J Hospital and Thane Civil Hospital to examine them.The first petition said the girl (12) had gone to open her father’s shop when an acquaintance dragged her into a garage and sexually assaulted her. He threatened her not to disclose the incident to anybody. Her pregnancy was revealed on March 9, during a visit to the doctor.The JJ board’s March 20 report confirmed she was 28 weeks pregnant. The judges noted that the board considered “her tender age and overall biological unpreparedness of her body.” It stated that termination may be considered in the interest of the minor’s “psychological health and to prevent grave, irreparable harm to her mental well-being as also to the social reputation of the family if she is compelled to continue the pregnancy against her wishes.” Since she is “already in an advanced stage of pregnancy”, the judges permitted its termination.The second petition said the girl (14) was sexually assaulted by a customer when she went to deliver laundered clothes to his house in August. On the family’s March 10 visit to their native place, a relative noticed her protruding stomach and alerted her mother. A March 13 check-up, revealed the minor was “25 weeks and 3 days” pregnant. She said the accused had threatened her against disclosing about it to anyone, warning she and her parents would face danger to their lives. Her advocate, Sarvesh Deshpande, said she missed her menstrual cycles since Sept but due to fear, she kept mum.The Thane board’s report said she is 28 weeks pregnant. It recommended MTP and opined that continuation of pregnancy may lead to complications like anaemia and hypertension, including during labour. It will have a “psychological impact upon the pregnant mother with an uncertain future.” The judges said the minor “has made a clear choice of terminating the unwarranted pregnancy by exercising her right to not give birth to the child.” Since there is “consensus” for MTP, they allowed the petition. They directed both hospitals to start MTP procedure forthwith.
