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Synopsis

The Bombay High Court has recently granted permission for the termination of a 29-week pregnancy to a 25-year-old woman rape victim who is physically and mentally challenged.

The division bench of the high court comprising Justice Revati Mohite Dere and Justice Gauri Godse was hearing a plea filed by the father of the 25-Year-Old rape victim.

In an order dated October 5, 2023, the division bench directed the state government to establish a board to assess the petitioner's condition.

The doctors submitted a sealed envelope to the court, indicating that the petitioner is suffering from cerebral palsy with paraparesis at 50% and mild intellectual disability at 50%.

The report further stated that continuing the pregnancy at 29 weeks, resulting from an alleged rape, could seriously harm her mental health.

The doctors recommended terminating the pregnancy, citing the petitioner's intellectual disability, which would hinder her ability to care for a newborn.

The report also noted that continuing the pregnancy posed a high health risk to the victim, necessitating operative intervention.

Taking note of the recommendation of the doctors the high court allowed termination of the pregnancy.

“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. Accordingly, the petitioner is permitted to get Medical Termination of Pregnancy (‘MTP’) done either in Chhatrapati Pramilatai Raje Hospital, Kolhapur or any other Government Hospital,” the order reads.

The high court also said that if a live child is born, the responsibility would fall upon the state government, given that the petitioner was a victim of sexual assault.

The bench directed that a report regarding the condition of both the petitioner and the newborn child be submitted on October 13, 2023, at 10:30 a.m.

Case title: XYZ vs State of Maharashtra