Bombay HC refused to terminate 16-year-old rape victim’s pregnancy due to unfavourable medical report

CASE: A v. State of Maharashtra
BENCH: Justices Revati Mohite Dere and Madhav Jamdar

Recently, Bombay HC refused to permit a 16-year-old rape survivor under the Protection of Children against Sexual Offences (POCSO) Act to terminate her 29-week-old pregnancy after an unfavourable medical report. 

The bench directed the State of Maharashtra to admit the minor to an NGO and pay her interim compensation of ₹50,000. The minor had approached the HC to terminate her pregnancy, stating that she was a daily-wage earner and there was no one in her house except her father to look after her. She also informed the Bench about her preference to pursue further education. 

The girl's pregnancy was over the permissible 24 weeks, therefore, the bench constituted a medical board to report on her medical status. Given the report, the Court disinclined to grant relief of termination of pregnancy to the minor. However, considering the circumstances, the State was directed to admit the minor to the Vatsalya Trust till her delivery.

The Court directed the State to place on record the FIR, medical report, including the girl’s statement before the District Legal Services Authority.
On receipt of such papers, the State was directed to pay ₹50,000 to her within 10 days from the date of the order.