Bombay HC refuses nod to 17-yr-old girl to abort pregnancy, says it's result of consensual relation

Digital Desk: The Bombay High Court's Aurangabad bench refused a 17-year-old girl's request for permission to abort her 24-week pregnancy, stating that the pregnancy was the result of a consensual relationship and the baby would be born alive at this stage. The girl would turn 18 this month, and she had been in a consensual relationship with the boy since December 2022, according to the order issued on July 26 by a division bench of Justices Ravindra Ghuge and Y G Khobragade.

The victim girl and the accused boy had developed physical relations several times, the bench's order stated. It noted that the girl herself brought a pregnancy test kit and confirmed her pregnancy in February of this year.

"Therefore, it appears that the victim who filed the petition is not innocent and that she was fully capable of understanding. When the pregnancy was confirmed, the petitioner might have requested authorization for an abortion if was not interested to carry the pregnancy," the HC noted.

The girl had submitted a petition to the HC through her mother asking for the pregnancy to be aborted on the grounds that she qualified as a "child" under the terms of the Protection of Children from Sexual Offences (POCSO) Act.

Under the Medical Termination of Pregnancy Act, a court's permission is required to terminate pregnancy beyond 20 weeks, if it is found the pregnancy poses a threat to the life or health of the mother or the child.

The petitioner, who plans to study to become a doctor in the future, was said to suffer severe harm to her mental health as a result of the pregnancy, according to the plea.

The medical board examined the victim girl and gave a report, which stated that there was no defect in the pregnancy and that the growth was normal. The high court took note of this report.

A child delivered through an abortion at this point in the pregnancy would have signs of life, but would not be able to survive on their own, according to the medical board's opinion.

"According to the mother's request to abort the pregnancy, if a kid is born alive even after a forced delivery, it will likely result in an underdeveloped child who may have malformations," according to the HC.

The child will be born alive regardless of whether the pregnancy is terminated, and the natural delivery is only 15 weeks away, the bench stated.

The high court added that if the baby is delivered at full term, there would be no deformity and the possibilities of adoption will improve. If the girl later decides she wants to place the kid for adoption, she is free to do so.

The court's ruling further stated that the girl might be lodged in a charity that provides care for pregnant women till her delivery.