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The division bench of the high court was considering a plea from the mother of a 15-year-old seeking the termination of her daughter's pregnancy
A division bench of the Bombay High Court comprising Justice Revati Mohite Dere and Justice Gauri Godse has recently allowed a 15-year-old minor to terminate her 28-week-old pregnancy who was a victim of sexual assault.
The high court was considering a plea filed by the mother of a 15-year-old seeking the termination of her daughter's 28-week-old pregnancy.
Through an order dated August 29, 2023, the court directed the constitution of a medical board, in line with the Medical Termination of Pregnancy (Amendment) Act, 2021, and the Medical Termination of Pregnancy Act, 1971, to assess the 28-week pregnancy of the petitioner's daughter.
The initial board's report provided a one-line opinion citing 'due risk,' prompting the court to seek clarification on this term.
The Assistant Government Pleader (AGP) MP Thakur explained that the risks involved the possibility of operative delivery/LSCS, postpartum haemorrhage, infection, septicemia, retained placenta or placental bits, and subinvolution.
The petitioner's counsel Advocate Ajinkya Udane argued that the report lacked detail, so the court ordered a re-examination of the minor. The subsequent committee opined that the patient was physically and mentally fit for a medical termination of pregnancy.
Consequently, the court directed the Civil Surgeon of Satara to perform the termination procedure at the earliest opportunity.
The court in its order also noted that if the petitioner's daughter gave birth toa live child then necessary facilities should be provided to her to conduct the procedure and also directed the State Government to take responsibility for the child.
“However, in the event, the petitioner’s daughter gives birth to a live child, the Civil Surgeon, Satara conducting the procedure, shall ensure that all necessary facilities are made available to the child for saving its life and that the State Government will ensure that its agencies assume full responsibility of the said child, if so born alive,” the bench noted.
Additionally, since it was a case of sexual assault, the court asked the hospital authorities to preserve the DNA samples of the mother and the fetus while directing them to be handed over to the investigation agency.
Case title: Mrs. XYZ vs State of Maharashtra
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