Bombay HC allows abortion of disabled rape victim’s 29-week pregnancy

Mumbai: Following a detailed medical report, the Bombay High Court has cleared the medical termination of 29-week-old pregnancy of a mentally and physically challenged 25-year-old rape victim from Kolhapur.

A division bench comprising Justice Revati Mohite-Dere and Justice Gauri Godse perused the report of a medical board, formed on October 5, which recommended the medical termination of pregnancy (MTP) for the victim considering her physical and mental condition.

The Medical Board said that the woman is suffering cerebral palsy with paraparesis affecting both her lower limbs and intellectual disability, both at 50 per cent, and continuing the pregnancy at 29th week arising out of the alleged rape, could further be detrimental to her mental health.

“Considering the Medical Report, we deem it appropriate to permit the petitioner who is victim of sexual assault and is also suffering from physical and intellectual disability, to terminate her pregnancy of 29 weeks,” ruled the judges, in the plea filed by the woman’s father.

Accordingly, on October 9, the court permitted the petitioner to get the MTP done at the Chhatrapati Pramilatai Raje Hospital or any other government hospital in Kolhapur and submit a report on the health of the woman and her child on Friday (October 13).

The medical board also said that the woman’s disability could hinder her ability to care for the newborn child and continuing the pregnancy could pose a major health risk that could require operative intervention.

The court also said that in case a live child is born, then it would become the state’s responsibility as the physically-mentally challenged petitioner-victim was a survivor of sexual assault.