13-Yr-Old Child May Not Be In Position To Chose Between Termination And Continuing Pregnancy: Allahabad High Court

Observing that a 13year old child may not be able to make the right choice between medical termination of pregnancy and continuing the pregnancy full term, the Allahabad High Court has directed that the medical termination of pregnancy will not be possible as it involves greater risk to the life of the 13year old than carrying on the pregnancy.

Petitioner, a 13 years old child, was sexually assaulted by her aged relative with whom she was residing. After the FIR was lodged, petitioner was subjected to medical examination where it was found that she was 28 weeks pregnant. Thereafter, the petitioner approached the High Court at almost 32 weeks of pregnancy.

Subsequently, the Court directed formation of a medical board for petitioner's examination. In its report, the Medical Board opined that carrying pregnancy to full term had lesser risks as compared to termination of pregnancy. The question “Whether termination of the pregnancy can be carried out at this stage without any threat to the life of the petitioner?” was answered in negative.

Accordingly, the bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla relied on the opinion of the medical board and held that the medical termination of pregnancy could not be allowed at this stage.

The Court observed that “the petitioner is a mere child of 13 years old and accordingly, she may not be in a position to make the right choice between termination and carrying the pregnancy to its full term.”

Further, the Court directed that the State will bear all expenses regarding delivery of the child. The Court observed that the petitioner had no family support and was of the view that she would give the child for adoption. Accordingly, the Court directed Director of the Central Adoption Resource Authority (CARA) to take appropriate steps in accordance with law for the adoption of the child.

Case citation : 2024 LiveLaw (AB) 541