Bombay High Court permits rape victim to terminate 25-week-old pregnancy

The Nagpur Bench of Bombay High Court on Friday allowed a rape victim to terminate her 25-week-old pregnancy, observing that a pregnancy from rape will cause anguish and grave injury to the mental health of the girl [X v. State of Maharashtra].Since the pregnancy life exceeded the 24-week-deadline prescribed under the Medial Termination of Pregnancy Act, the opinion of a registered medical practitioner was taken into account by the Court to assess the risk involved to the physical and mental health of the pregnant woman.A Bench of Justices SB Shukre and AL Pansare based its decision on the medical board's report which stated that "as the girl is unmarried, constitution of pregnancy will harm the girl, physically as well as mentally and if the baby is delivered, it will not get any proper care.".Advocate SH Bhatia appearing for the girl, apprised the Court that the petitioner was a victim of multiple acts of rape, which resulted in her pregnancy, which has now reached 25-26 weeks.It was also highlighted that a complaint was filed with respect to the incident and and the Police has registered an offence punishable under section 376 (2)(n) of the Indian Penal Code and the investigation is going on.It was submitted that continuing with pregnancy was causing her constant misery and negatively impacting her mental health. If this pregnancy resulted in the birth of a child, it will simply add to the mental anguish she has already suffered, the advocate argued..The Additional Government Pleader NS Rao meanwhile submitted that since the procedure under the MTP Act had been followed, the petition could be allowed.Accordingly, the petition was allowed. The Court, however, directed that before the pregnancy is actually terminated, the girl's written consent be taken.The investigating officer was also permitted to remain present at the place where the termination of pregnancy will be done and take appropriate samples for DNA testing and profiling..[Read Order]