Bombay HC Allows Minor Sex Abuse Survivor To Continue Pregnancy

Bombay HC Allows Minor Sex Abuse Survivor To Continue Pregnancy

On Thursday, the Bombay High Court permitted a 17-year-old sexual abuse survivor to proceed with her pregnancy, emphasizing its awareness of her reproductive freedom and right to make her own choices.

A division bench of Justices A.S. Gadkari and Neela Gokhale noted that although the teenager initially sought to terminate her pregnancy, she later decided to carry it to term, as she planned to marry the man who had allegedly abused her.

"We are conscious of the right of the petitioner (teenager) to reproductive freedom, her autonomy over the body and her right to choice," High Court said.

The court stated that the teenager may choose to medically terminate her 26-week pregnancy if she wishes. However, the bench also acknowledged her expressed willingness and desire to continue with the pregnancy, affirming her full right to make that choice.

The girl and her mother discovered the pregnancy during a check-up for fever. Subsequently, a 22-year-old man was charged with sexually abusing her. The survivor then approached the High Court seeking a termination of the pregnancy.

Later, the teenager claimed that she was in a "consensual" relationship with the man and that they intended to marry and raise the baby together. A medical board at the state-run JJ Hospital examined the minor and reported to the High Court that while there were no abnormalities with the fetus, the minor was not in an appropriate mental state to deliver the baby.

The High Court observed that both the teenager and her mother have expressed their intention to continue the pregnancy and carry it to full term.

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