Bombay High Court Rules on Minor's Pregnancy Rights
The Bombay High Court has ruled that a minor cannot be forced to terminate or continue a pregnancy against her will.
The court declined to mandate the termination of a 16-year-old rape survivor's 27-week pregnancy.
The girl's father expressed his desire for the pregnancy to continue despite medical risks.
The ruling emphasized that reproductive autonomy is protected under Article 21 of the Constitution.
In a significant ruling on October 13, the Nagpur Bench of the Bombay High Court addressed the sensitive issue of a 16-year-old rape survivor's 27-week pregnancy. The court determined that it could not compel the termination of the pregnancy, following warnings from a nine-member medical board that the procedure could pose serious risks to the minor's life.
The case was brought forth by the girl and her father from Wardha, represented by attorney Sweety Bhatia. The court's decision highlighted the importance of a woman's autonomy over her body, particularly in the case of minors. Justices Anil Kilor and Rajnish Vyas stressed that neither continuation nor termination of a pregnancy can be enforced against the will of the individual involved.
The medical board's report indicated that performing an abortion at this stage would be high-risk, prompting the girl's father to state his opposition to the termination due to the potential dangers identified. He also expressed a desire for the child to be placed in an orphanage post-birth, reflecting the family's complex situation.
The court underscored that the right to make decisions regarding reproductive health is a fundamental aspect of Article 21 of the Indian Constitution, which guarantees personal liberty and the right to life. The judges noted that forcing a minor to make such a decision would violate her dignity and contradict constitutional principles.
In light of the ruling, the Maharashtra government has been instructed to ensure that the child receives all necessary legal support upon birth. Additionally, if the minor and her parents opt for adoption, the state is required to facilitate this process, respecting the family's choices regarding the child's future.
