Bombay HC Permits Abortion Of 25-Yr-Old Physically & Mentally Disabled Rape Victim

Abortion is illegal in India but for certain exceptional cases if the law permits pregnancy can be terminated. One such exceptional request came up in front of the Bombay High Court (HC) where it permitted a 25-year-old lady, who was physically and mentally disabled, to terminate her 29-week pregnancy. She was also a rape-victim.

The court gave permission only after a report from the medical board favoured termination. The medical board's report was in favour of the medical termination of pregnancy (MTP) considering the physical and mental condition of the woman.

“Considering the Medical Report, we deem it appropriate to permit the petitioner who is a victim of sexual assault and is also suffering from physical and intellectual disability, to terminate her pregnancy of 29 weeks. Accordingly, the petitioner is permitted to get Medical Termination of Pregnancy (MTP) done either in Chhatrapati Pramilatai Raje Hospital, Kolhapur, or any other Government Hospital,” said a division bench of Justices Revati Mohite-Dere and Gauri Godse.

The court was hearing out a plea filed by the survivor's father. In the plea, the father appealed to terminate his daughter's pregnancy caused by rape. On October 5, the Bombay High Court directed the state government of Maharashtra to form a medical board and assess the survivor's condition.

On October 6, the report was submitted. In the report, the board stated that the woman suffers from cerebral palsy with paraparesis at 50% and mild intellectual disability at 50%. The report further said that continuing the pregnancy at 29 weeks, which is the result of an alleged rape, can cause harm and severely affect the mental health of the victim.

Citing the necessity of termination, doctors said that the woman is intellectually disabled and this will hinder her ability to take care of the newborn baby. The bench noted the health risks the disabled woman would have to undergo if she kept the baby.

On October 9, the bench permitted the woman to terminate her pregnancy. The bench further stated that if a live child is born, the state government will take care of the baby.

Additionally, the government has been ordered by the court to provide a report on October 13 "pertaining to the petitioner's and the child's condition."

In 2021, a similar case was heard by the Bombay High Court. The mother of a mentally challenged daughter filed a plea requesting the termination of her daughter’s pregnancy. The court allowed the mentally challenged lady to abort her 22-week pregnancy.

A division bench of Justices Sunil Shukre and Avinash Gharote ordered that the medical termination of pregnancy (MTP) be performed at the Government Medical College and Hospital (GMCH) here, based on the expert panel's recommendations.

The court said that the fetus' DNA should be retained for a year for investigation purposes. The termination of pregnancy should be carried out with the legal guardian's consent due to the high risk in her case. Supervision by medical professionals is required during MTP. After the abortion, the girl should have access to proper therapy and appropriate treatment.