MUMBAI: The Bombay High Court on Thursday allowed a 15-year-old rape survivor to medically terminate her 27-week pregnancy, emphasising the need to protect her physical and mental well-being.
A division bench of justices Revati Mohite Dere and Sandesh Patil granted permission after considering a report from the JJ Hospital medical board, which examined the girl in accordance with the Medical Termination of Pregnancy Act, 1971.
The minor, represented through her father, had approached the court seeking permission to terminate her pregnancy, which resulted from sexual assault allegedly committed by her neighbour. The petition was filed with the assistance of a court-appointed advocate, Swapna Kode, while the state was represented by additional government pleader MP Thakur.
The medical board’s report indicated that the pregnancy was at a gestational age of 27.4 weeks, and there were no congenital anomalies. However, the board clarified that since the pregnancy exceeded 24 weeks, it lacked the authority to independently permit termination unless directed by the court. The report further noted that continuation of the pregnancy would cause “grave anguish” to the petitioner.
Citing psychiatric evaluations by Dr Mujahid Shaikh and clinical psychologist Zainab Khan from JJ Hospital, the court observed that the girl, who is of borderline intellectual functioning, was emotionally, socially, and financially unfit to raise a child. The experts warned of high risks of depression, anxiety, and post-traumatic stress if the pregnancy were to continue.
The bench also took into account the consent affidavits submitted by both parents, labourers by occupation, supporting their daughter’s request for termination. The petitioner, currently in Class 10 and preparing for her board examinations in March 2026, expressed her desire to undergo the procedure at JJ Hospital.
Allowing the plea, the court directed that the termination be carried out at JJ Hospital after necessary pre-procedure assessments, ensuring utmost care for the minor’s health and safety. The judges further ordered that she be provided with psychological counselling both before and after the procedure.
In a detailed order, the bench also instructed that if the child is born alive during the procedure, the hospital must provide all necessary neonatal care, with expenses to be borne by the state government. It further directed that DNA and tissue samples be preserved for the ongoing criminal investigation in connection with the FIR registered at the Powai police station under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (Pocso) Act.
Additionally, the court ordered that compensation under the Manodhairya Scheme, a government programme providing financial assistance to survivors of sexual assault, be processed and disbursed without delay. The court will ascertain the compliance of the order on November 20.