Nagpur: The Nagpur bench of Bombay high court on Tuesday allowed a 16-year-old rape survivor from Akola to terminate pregnancy beyond the statutory 24-week limit, underscoring that a minor’s mental health and right to dignity must prevail in exceptional circumstances.A division bench comprising Justices Anil Kilor and Raj Wakode allowed the writ petition and directed that the procedure be carried out immediately at Govt Medical College and Hospital, Akola, either on Tuesday or Wednesday, subject to conditions laid down by a duly constituted medical board. “The petitioner is permitted to terminate her pregnancy,” the court said in its operative order, adding that she must present herself at the hospital the same day.The case involved a Class 10 student who was allegedly sexually exploited by a 27-year-old man from her village, resulting in a pregnancy that went undetected by her family until an advanced stage. The situation came to light after authorities intervened in an attempted child marriage arranged in April with the accused, triggering a police case and subsequent proceedings before the Child Welfare Committee. Medical examination on April 24 determined the pregnancy to be 24 weeks and 5 days, crossing legal threshold under Medical Termination of Pregnancy (Amendment) Act, 2021. GMCH Akola had earlier declined to proceed without judicial approval due to the gestational limit.In her plea filed through counsel Sonia Gajbhiye, the minor argued that being forced to continue the pregnancy would cause severe physical and psychological harm, given her age, economic vulnerability and social circumstances. The petition emphasised the trauma of carrying the pregnancy of her alleged abuser and the risk of lifelong stigma in a conservative rural setting.The court relied on the medical board’s assessment of May 4, which evaluated the petitioner’s condition and recommended termination under specific safeguards. Deputy Solicitor General of India Kartik Shukul held brief for the Centre, while public prosecutor PP Pendke held brief for the state.The ruling aligns with a series of precedents that recognise mental health as decisive factor in allowing termination beyond 24 weeks, particularly in cases involving minors and sexual assault survivors. Courts have consistently held that continuation of such pregnancies may constitute grave injury to victim’s physical, mental well-being.
