The Bombay High Court has ruled that a survivor of sexual assault cannot be compelled to carry an unwanted pregnancy, allowing a 12-year-old girl to terminate her 28-week pregnancy despite a medical board’s warning about potential health risks.

A division bench of Justices Nitin Sambre and Sachin Deshmukh, in an order dated June 17, observed that forcing the minor to give birth would amount to denying her the fundamental right to shape her own life.

“This court cannot force the victim to carry her pregnancy against her wishes. In such an eventuality, the State would be stripping her of the right to determine the immediate and long-term path of her life,” the judges noted.

The court acknowledged the heightened vulnerability of women and girls in cases of unwanted or incidental pregnancies, particularly those resulting from sexual assault. It underscored that while pregnancy may be a matter of choice, the burden of such a choice — or its absence — ultimately rests on the woman or the victim, irrespective of marital status.

The case arose after the girl was allegedly sexually assaulted by her uncle. Her father approached the court seeking permission to terminate the pregnancy, citing the physical and psychological trauma inflicted on his daughter.

A medical board constituted to examine the girl had cautioned against the termination, citing significant risks due to her age and the advanced stage of pregnancy. Despite this, the High Court permitted the abortion, directing that it be conducted with utmost medical care and in compliance with all safety protocols.

The procedure, the court mandated, must be carried out by a qualified team that includes a paediatric surgeon to mitigate any complications.

Under the Medical Termination of Pregnancy (MTP) Act, abortions beyond 20 weeks are ordinarily prohibited unless specifically permitted by a court. Exceptions can be made in cases involving fetal abnormalities, danger to the life or health of the pregnant woman, or pregnancies resulting from rape.