Nagpur: The Nagpur Bench of the Bombay High Court recently said it can’t issue directions for termination of a 27-week pregnancy of a 16-year-old rape survivor, citing a nine-member medical board’s warning that the procedure could endanger her life.The court said a woman, particularly a minor, cannot be compelled either to continue a pregnancy or to terminate it against her will.A division bench of Justices Anil Kilor and Rajnish Vyas, in an Oct 13 order, disposed of a plea filed by the rape survivor and her father from Wardha through counsel Sweety Bhatia seeking termination of her pregnancy.The court directed Maharashtra govt to ensure that the child, if born, receives remedial measures available under the law. Govt was also told to facilitate adoption if the minor and her parents decide to give the child up for adoption after delivery.The medical board in its report described termination at 27 weeks and two days as high-risk, warning of “potential danger to the mother’s life during procedure of termination.”The girl’s father told the bench that he did not want the pregnancy terminated because of the risks identified by the medical board. He also requested that the child be placed in an orphanage after birth.Recording the family’s position, the bench underscored that the right to make decisions about one’s body, particularly reproductive choices, is a facet of Article 21 of the Constitution, which guarantees the right to life and personal liberty.“The court cannot compel any woman, particularly a minor girl, either to continue with the pregnancy or to terminate the same against her will,” the judges said, adding that such compulsion would undermine her dignity and run contrary to the spirit of the Constitution.The bench said a balance had to be maintained between the pregnant woman’s choice and the interests of the child who would be born. It also said the decision of the minor’s father not to pursue termination in view of the medical risks could not be ignored.The case arose from an alleged sexual assault on the minor under the Kharangana police in Wardha district. An FIR was registered on Oct 9 under the Bharatiya Nyaya Sanhita and Pocso Act against the accused.The bench clarified that the decision on adoption rests with the minor’s parents and that the state must respect their decision.Key takeaways:HC declined to direct termination of a 16-year-old rape survivor’s 27-week pregnancyThe girl’s father told the court he did not want the pregnancy terminatedHC said a woman, including a minor, cannot be compelled to continue or terminate a pregnancy against her willThe court linked reproductive autonomy to Article 21 of the ConstitutionMaharashtra govt told to provide legally available support to the child after birthThe state must facilitate adoption if the minor and her parents choose it after delivery
