Daijiworld Media Network - Mumbai

Mumbai, Jun 22: In a landmark decision, the Nagpur bench of the Bombay High Court has permitted a 12-year-and-5-month-old girl, a survivor of alleged sexual assault, to undergo medical termination of pregnancy (MTP). This ruling comes despite the high-risk nature of the procedure, given the girl's age and the advanced gestation of 28–29 weeks. The pregnancy resulted from an alleged assault by her uncle, with an FIR registered on June 5.

The court acknowledged that the delay in seeking help was likely due to the accused being a close family member. While hearing a plea from the girl's parents for permission to terminate the pregnancy, the court directed a medical examination. The Medical Board indicated that although the procedure, known as hysterotomy, was feasible, it carried significant risks and should only proceed with informed consent from both the parents and the girl.

Despite the State's opposition, citing the medical report's concerns about the risks involved, the court emphasized the constitutional right of the victim to make decisions regarding her body and future. It asserted that forcing the girl to carry the pregnancy against her will would violate her rights to dignity, bodily autonomy, and mental well-being.

The court also pointed out that the burden of an unwanted pregnancy falls entirely on the woman, particularly in this case, and stressed the importance of respecting her choice. It directed the Dean of Government Medical College, Akola, to ensure the procedure is conducted promptly by a qualified medical team while adhering to all safety protocols. The parents have agreed to provide the necessary high-risk consent and the girl's assent before the procedure.