Mumbai: The Bombay high court has allowed the medical termination of the 25-week pregnancy of 17-year-old girl sexual assault survivor, who said she wanted it of her own will and without being coerced by anyone.Justices Gautam Ankhad and Sandesh Patil on Monday said, “Medical Termination of Pregnancy, 1971 (MTP) does not allow any interference with the personal choice of pregnant woman in terms of proceeding with the termination. The MTP Act leaves no scope for interference by the family or the partner of the pregnant person in matters of reproductive choice.”The girl filed the petition, through her maternal aunt, seeking the HC’s permission as her pregnancy was above the 24-week permissible limit under MTP Act.After her mother’s death on April 15, she went to reside with her aunt. On May 5, it was revealed she was pregnant following sexual assault. An FIR was registered under the BNS for rape and the POCSO Act. On May 13, the girl’s advocate, Pranali Kakade, sought urgent directions from the vacation bench. Therefore, on May 14, the judges directed the JJ Hospital dean to constitute the medical board to examine her.The board’s May 18 report said the petitioner was fit for MTP. The foetus was “25 weeks and 1 day” and did not suffer from any congenital anomalies. After interacting with the doctor who headed the board, the judges asked the girl if she understood the consequences of her application and whether she wanted MTP of her own will or if she was being pressured by anybody else. The girl replied that she had applied for medical termination of pregnancy “on her own will... and without being coerced by any other person”.Considering the facts and circumstances of the case, their interaction with the girl and the board’s report, the judges said they were “of the confirmed opinion that the petition deserves to be allowed”. The HC directed the teenager to report to the hospital on Tuesday, following which the hospital authorities “shall take steps to perform the intrauterine foeticide after making all necessary arrangements”.
