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Minor's Autonomy: Court Allows 27-Week Pregnancy Termination
17 Apr
Summary
- Court permitted a 17-year-old rape survivor to terminate her 27-week pregnancy.
- Reproductive autonomy was upheld as a fundamental constitutional right.
- Medical board found no fetal anomaly but court prioritized survivor's choice.
In a significant ruling, the Bombay high court has authorized the medical termination of a 27-week pregnancy for a 17-year-old rape survivor. The court emphasized that her right to reproductive autonomy is a fundamental constitutional guarantee. Justices Bharati Dangre and Manjusha Deshpande acknowledged the medical board's report stating no substantial fetal anomaly but stressed the petitioner's clear desire to terminate the pregnancy.
The minor, through her mother, approached the high court as her pregnancy exceeded the 24-week limit stipulated by the Medical Termination of Pregnancy (MTP) Act. She cited her young age, the potential social stigma, and her inherent right to make reproductive choices. The court referenced observations from both the High Court and Supreme Court regarding the paramount importance of a woman's reproductive autonomy.
While the JJ Hospital medical board found no medical grounds for termination at this gestational stage, they confirmed the petitioner's health and capacity for the procedure with court permission. The judges deemed it appropriate to grant this permission, ensuring the procedure adheres to prescribed norms and medical safeguards within the same hospital where she was examined.
