In a recent ruling, the Aurangabad bench of the Bombay High Court has denied permission to a 15-year-old rape victim to terminate her 28-week pregnancy. Medical experts have determined that the baby would likely be born alive, even if a forcible delivery is performed at this stage. The court emphasized the importance of considering the child's future and opted to prioritize the health and development of the unborn baby.
The case originated from a petition filed by the rape victim's mother, who sought permission for her daughter to undergo an abortion. The girl had gone missing in February and was subsequently found in Rajasthan three months later with a man, leading to the registration of a case under the Protection of Children from Sexual Offences (POCSO) Act.
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After examining the girl, a medical board concluded that even if the pregnancy termination were carried out, the baby would require neonatal care upon birth. The court acknowledged that regardless of whether a forcible delivery or natural birth occurred, a child would be born. However, if a forcible delivery were to take place at this stage, there would be a higher likelihood of developmental deformities.
Taking into account the child's health, physical and mental development, and the potential for adoption, the high court decided to allow the pregnancy to progress naturally for the remaining 12 weeks. The court suggested that the child could be given up for adoption if the petitioner desired to do so in the future.
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To ensure the girl's well-being during this period, the court recommended either a shelter home in Nashik specializing in pregnant women or the government's shelter home for women in Aurangabad as suitable options. After the baby is delivered, the girl will have the freedom to decide whether to keep the child or pursue adoption.
