Bombay HC Allows 12-Yr-Old Rape Survivor to Abort 29-Week Pregnancy

Bombay HC Allows 12-Yr-Old Rape Survivor to Abort 29-Week Pregnancy

A 12-year-5-month-old girl, pregnant due to sexual abuse by her cousin uncle, approached the Bombay High Court through her father seeking permission for medical termination of pregnancy at 28–29 weeks. An FIR was registered under the Bharatiya Nyaya Sanhita and POCSO Act. A Medical Board, after evaluation, stated that while the procedure was high-risk due to the minor’s age and gestational stage, a hysterotomy could be performed with proper consent. The petitioner’s counsel argued that the minor’s right to bodily autonomy under Article 21 of the Constitution must be respected, and the family consented to the procedure. The State opposed termination, citing medical risks. The Court, however, held that forcing a minor to carry an unwanted pregnancy violates her fundamental rights. It allowed the termination, emphasizing the girl’s right to decide over her body. The Court directed that the procedure be done under expert supervision, reinforcing the legal principles of reproductive autonomy, consent, and constitutional protection of personal liberty.