In a historic judgment, the court permits termination at 28 weeks, citing the minor’s constitutional right to dignity and choice
Mumbai, June 23, 2025 — In a landmark ruling, the Nagpur bench of the Bombay High Court has granted permission for a 12-year-old rape survivor to undergo medical termination of pregnancy (MTP) at 28–29 weeks of gestation. The decision reinforces the fundamental right of a minor to bodily autonomy, even in high-risk cases.
Case Background: Assault by Family Member Delayed Action
The minor girl, aged 12 years and 5 months, became pregnant as a result of sexual assault by her uncle, for which an FIR was filed on June 5. The court acknowledged that the delay in seeking medical and legal help stemmed from the trauma of being assaulted by a close relative.
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Medical Evaluation and Consent
Following a plea by the girl’s parents, the court ordered a medical examination by a board at the Government Medical College, Akola. The board confirmed that while termination via hysterotomy was medically feasible, it came with significant risks due to the girl’s age and late-stage pregnancy. Nevertheless, both the girl and her parents expressed their desire to proceed with the procedure, fully understanding the risks.
Court Rejects State Opposition, Upholds Rights
Despite the State’s objection, which leaned on medical caution, the court ruled that continuing the pregnancy would infringe upon the survivor’s right to dignity, bodily integrity, and mental health. It observed that the burden of an unwanted pregnancy, especially one born of sexual violence, lies solely with the female, and that no one should be compelled to carry such a burden against their will.
Directive for Safe Procedure
The court instructed the Dean of Government Medical College, Akola, to conduct the MTP promptly with an expert team and under strict medical supervision. The procedure is to be performed only after receiving informed high-risk consent from the parents and assent from the minor.
Judicial Significance
This judgment sets a powerful precedent in India’s legal framework concerning late-term abortions for minors, especially in cases of sexual assault, and affirms the judiciary’s role in defending the constitutional rights of vulnerable individuals.
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