Bombay High Court Refuses 15-Yr-Old To Terminate Pregnancy After Medical Board Says There Is Every Chance Child Will Be Born Alive

The Bombay High Court refused to allow a 15-year-old ‘rape victim’ to medically terminate her 28- week pregnancy on the ground that the child would be born alive and may face medical complications. Instead, the bench asked her to continue with her pregnancy for the remaining 12 weeks and deliver the baby through a shelter home.

A division bench at Aurangabad comprising Justices Ravindra Ghuge & Y.G Khobragade further noted that the child’s mental and physical development should be considered since this seemed to be a case of teenage romance.

“The further issue would be that if in any case the child is going to be born and the natural delivery is just 12 weeks away, in the backdrop of the girl having accompanied the male and having lived with him away from her mother for a couple of weeks until they were apprehended, we are of the view that the future of the health of the child and its physical and mental development needs to be considered at this stage.”

“When a live child is going to be born even today, we might as well let the child be born after 12 weeks and under medical advise….” the bench observed.

The teen approached the High Court to terminate her pregnancy at the Medical College and Hospital, Jalgaon as it had crossed the 24-week mark.

On June 14, 2023 the court directed a medical board to specifically check if MTP at this stage would be safe and if the child would have a heartbeat.

The Medical Board opined that the baby would be born alive and would need to be placed in the NICU, moreover surgical intervention would be necessary. Blood transfusion would be required and the teen may have to be admitted to the ICU. Moreover there may be complications for the teen as well.

However, considering the child was gotten out of ‘rape’, the teen’s mother insisted on termination even if the child was born alive.

At the outset the bench noted that the teen was found in Rajasthan in the company of another man whom she was living with for a couple of weeks. However, since she was a minor, her consent was immaterial and the man was booked under provisions of the Protection of Children from Sexual Offences Act.

Secondly, there was no foetal anomaly found on inspection. Moreover, if the mother’s request of termination was considered there were chances of a child being born with anomalies, the court noted, disinclined to grant MTP.

Lastly, the court said the teen was at liberty to get admitted at one of the two shelter homes in Nashik or Aurangabad and the shelter home would be responsible for taking her for regular check-ups. The court further said the teen should have access to a counsellor and after the child is born she could decide if she wanted to give it up for adoption.

"We are of the view that the future of the health of the child and its physical and mental development needs to be considered at this stage," Court said.

Case Title: XYZ v. State of Maharashtra

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