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Bombay High Court Permits 12-Year-Old Rape Survivor’s 28-Week Abortion

Defying the law’s 20-week abortion limit, the ruling prioritises constitutional rights despite high medical risks.

If forced to give birth to a child against her wish, the court would be depriving her of the right to decide the path of her life, the Bombay HC said.

Overview

  • The court’s June 17 order allowed a 12-year-old girl to terminate her pregnancy resulting from alleged sexual assault by her uncle.
  • Justices Nitin Sambre and Sachin Deshmukh held that forcing sexual assault victims to carry unwanted pregnancies would infringe on dignity, bodily autonomy and mental well-being.
  • A medical board had warned that a late-term abortion posed significant risks due to the girl’s age and fetal development.
  • The court directed that a specialised medical team including a paediatric surgeon, gynaecologist and anaesthesiologist conduct the procedure under strict safety protocols.
  • The decision establishes a precedent for judicial exceptions to the Medical Termination of Pregnancy Act’s 20-week cap in sexual assault cases.