Bombay High Court Rejects Abortion Request of 28-Week Pregnant Rape Survivor, Cites ‘Foeticide’ Concerns
Mumbai: The Bombay High Court has refused to allow a young rape survivor to medically terminate her pregnancy after determining that she was 28 weeks pregnant, a stage at which the court concluded that termination would amount to foeticide. A bench consisting of Justice Ravindra Ghuge and Justice Abhay Mantri delivered the order based on the findings submitted by the medical board.
The doctors stated that the foetus showed no congenital abnormality or anomaly and observed a high probability of a live birth. The board also pointed out that the infant would need intensive medical support and treatment if delivered 12 weeks before the natural completion of the pregnancy.
According to the Medical Termination of Pregnancy Act in the country, the legal limit for abortion is 24 weeks for rape survivors. Beyond that timeframe, termination is generally permitted only if there are substantial foetal abnormalities or an immediate threat to the mother’s life. This particular clause was ruled out in this case. The medical board’s findings indicated that the foetus was “normal” and the survivor’s life was not in immediate physical danger, leading the court to exercise its discretion to deny the plea.
The judge remarked, “If the child is to develop deformities by a pre-term delivery, no childless couple would adopt such a baby. On the other hand, if the child is allowed to be born naturally, at least a well-developed child would be born naturally as it normally happens and would turn out to be a healthy baby. A childless couple would always be encouraged to adopt a well developed orphan baby.”
The bench noted that the other option would be to perform foeticide. It further added that in a case similar to this, the Supreme Court declined the option to proceed with the option of foeticide.