Nagpur High Court Grants Permission for Minor Rape Survivor's Pregnancy Termination
In a significant ruling, the Nagpur bench of the Bombay High Court on Friday permitted a 13-year-old incestuous rape survivor to terminate her 26-week pregnancy. The decision was based on a comprehensive medical evaluation by the Government Medical College and Hospital (GMCH) medical board, which affirmed the minor's mental and physical fitness for the procedure.
Background of the Case
The survivor's parents approached the High Court on her behalf, seeking authorization to end the pregnancy. The pregnancy resulted from alleged repeated rape by the Class 8 girl's 16-year-old biological brother in a village within Nagpur district. An FIR was registered against the accused brother on February 21 at the Kalmeshwar police station, initiating a criminal investigation into the matter.
Court Proceedings and Medical Evaluation
During an urgent hearing, a bench comprising Justices Anil Kilor and Raj Wakode directed the GMCH dean to perform the Medical Termination of Pregnancy (MTP) at the earliest opportunity. This directive was contingent upon parental consent and strict adherence to safety protocols. The court also mandated a DNA test on the foetus, with the report to be forwarded to the investigating officer at Kalmeshwar police station to support the criminal probe.
The court's final order followed an interim directive issued a day earlier, which instructed the formation of a medical board under the MTP Act, 1971, at GMCH, Nagpur. This board included specialists such as a senior anaesthetist, paediatrician, and psychiatrist. After examining the girl, the board submitted a sealed report to the High Court, confirming a single live intrauterine gestation of 26 weeks and 6 days.
The medical report explicitly stated that the minor was mentally and physically fit to undergo the termination, with no significant morbidity risks to the mother. It emphasized that all lab investigations and ultrasound findings were reviewed, and the procedure was approved in accordance with established guidelines. The psychiatric evaluation further supported the girl's mental stability for the MTP.
Legal Reasoning and Judgment
In its detailed judgment, the High Court considered the girl's young age and the traumatic nature of the incestuous rape, which compounded her distress. "We allow the petitioner's request to terminate pregnancy," the bench declared, highlighting the profound impact of such pregnancies on both physical and mental wellbeing.
The bench referenced a 2022 Supreme Court order, noting that in Indian society, pregnancies resulting from assault are particularly injurious as they are not voluntary or mindful. This principle was applied to the minor's case, underscoring the court's commitment to prioritizing her well-being over other considerations.
Swift Action and Disposal
The court ensured expedited proceedings, with Assistant Government Pleader Hrishikesh Marathe presenting the MTP report during the hearing. Appointed counsel Sweety Bhatia represented the petitioner throughout the case. The petition was disposed of without costs, with the court clarifying that while there was no direct threat to the girl's or foetus's life, the medical approval justified the termination to safeguard the survivor's overall health and future.
This ruling underscores the judiciary's role in addressing sensitive cases involving minors and sexual violence, balancing legal provisions with compassionate considerations for survivors' rights and recovery.
