Bombay HC allows termination of 12-year-old’s pregnancy | India News

MUMBAI: Observing that her welfare and safety is of paramount importance, Bombay high court on Monday permitted the medical termination of the over six-month pregnancy of a 12- year-old girl who was sexually assaulted by her 14- year-old brother, reports Rosy Sequeira.
Vacation bench of Justices Sandeep Marne and Neela Gokhale considered a JJ Hospital medical board’s report, submitted by state’s advocate Jyoti Chavan, that “unequivocally recommends medical termination of pregnancy, especially having regard to the impact and repercussions of the pregnancy on the general and mental health of the pregnant person, in this case aggravated by the fact that the pregnant person is a sexual assault survivor.”
The board found she is “25 weeks, 4 days” pregnant.“The pregnancy can be terminated on humanitarian grounds,” it recommended. On May 9, the HC had directed the board to examine the girl.
The girl’s mother moved the high court, through advocate Ashley Cusher, to permit medical termination of pregnancy (MTP) as her daughter’s pregnancy had crossed the 24 week legal limit for termination.
On May 2, the girl complained of stomach ache. At a health centre, a test confirmed she was pregnant. The girl disclosed to her mother that since Oct, when no one was home, her elder brother forcibly had physical relations with her and threatened her with dire consequences.
The judges while permitting MTP to proceed took note of other circumstances such as her age and that “the minor was unaware of the fact that she was pregnant until a very late stage.”
“Thus, bearing in mind the exigencies of the situation, the welfare of the minor which is of paramount importance and her safety,” they directed the hospital “shall forthwith constitute a team” for undertaking MTP.