Bombay HC rejects abortion plea of minor rape victim

The father of a 16-year-old rape victim has approached the Bombay High Court seeking permission to terminate victim’s 27-week pregnancy. The high court, on October 10, had directed the KEM Hospital to form a medical board of expert doctors and examine the present health condition of the victim

Minor rape victim approaches Bombay HC to end 26-week pregnancy

Mumbai’s 16-year-old minor victim will not be able to abort her child. As Bombay High Court rejected the abortion plea which was filed by her father. The victim’s father has sought the permission to terminate her pregnancy on the grounds of her physical incapability to bear and deliver a child. The victim is mentioned to be suffering from anaemia. The decision has come after KEM Hospital submitted the report to high court.

Speaking to my medical mantra, petitioner’s advocate Tarun Kumar Sinha said, “Bombay High Court has rejected the abortion plea, after the report submitted by the doctors.”

In India, the Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, does not allow abortion after 20 weeks of pregnancy. Court permission is required to terminate the pregnancy after 20 weeks.

According to the KEM Hospital’s report:

Current pregnancy is about 27 weeks by clinical and sonographic evaluation

If the pregnancy is terminated now after correction of anaemia as per the patient’s and family’s request:

(a): The baby has about 80% chance of survival as per weight and about 52% to 75% chance of survivals as per gestational age

(b): The risk of failure of induction of labour is about 6% to 7% (as per available statistics)

(c): The risk of obstetric complication is 25% (as per available statistics)

(d) If induction fails, the patient may require caesarean section for maternal induction

(e): In future pregnancy there is small change of rupture of scar (about 1%), the relative risk of morbidly adherent placenta is 3 to 5 (as per available statistics)

In view of the above, the Medical Board is of the opinion that the patient should be advised to continue the pregnancy with medical and psychological support.