Bombay HC Upholds Right of Assault Victim to Abort Unwanted Pregnancy

The Bombay High Court has permitted a 12-year-old girl, a victim of sexual assault, to abort her 28-week pregnancy, despite medical concerns. It emphasized that denying the abortion would strip the victim of her right to choose her life's path. The court instructed safety protocols for the procedure.

The Bombay High Court has ruled that a victim of sexual assault cannot be compelled to carry an unwanted pregnancy to term, emphasizing the individual's right to choose. The decision allowed a 12-year-old girl to undergo an abortion at 28 weeks of pregnancy, overriding adverse medical advice.

In its judgment, the court, comprising Justices Nitin Sambre and Sachin Deshmukh, declared that forcing the girl to continue her pregnancy would deny her the fundamental right to determine her future. It highlighted the necessity of respecting a woman's autonomy regarding unexpected pregnancies.

Despite the high risk highlighted by a medical board, the court mandated the procedure be done safely with a specialized medical team. The case underscores provisions under the Medical Termination of Pregnancy Act, permitting court-approved abortions in cases of fetal abnormality or risk to the mother, especially in instances of sexual violence.