Court Allows Late-Term Abortion for Rape Survivor

The Bombay high court's Kolhapur bench has granted a significant reprieve to a 26-year-old rape survivor with moderate intellectual disability. The court permitted her to medically terminate a 28-week pregnancy, an action that falls outside the statutory time limits of the Medical Termination of Pregnancy (MTP) Act.

This decision was made by a division bench after carefully considering the opinion of a constituted medical board. The board had recommended termination at a tertiary care hospital due to the advanced stage of the pregnancy and the associated medical risks. The court acknowledged that the pregnancy had surpassed the 24-week limit without satisfying the statutory exceptions.

However, the bench exercised its discretionary constitutional jurisdiction under Article 226 to safeguard the woman's rights. The court emphasized the petitioner's right to reproductive freedom, bodily autonomy, and choice. The medical board, comprising specialists, assessed the significant risks of termination at 28 weeks, including prematurity complications and the need for advanced neonatal care.

To facilitate the procedure, the court directed the transfer of the petitioner to a hospital with tertiary care facilities and ordered that ambulance services be provided at the state's expense. Furthermore, the court mandated the preservation of fetal tissue samples to assist the ongoing criminal investigation into the rape case.