Teen rape survivor from Latur gets HC nod to abort foetus

MUMBAI: Observing that freedom to get an unwanted pregnancy terminated is integral to the personal liberty of a woman, the Bombay high court allowed a minor rape survivor from Latur to medically terminate her pregnancy, which had crossed the 20-week period after which abortions are not permitted.

“The said pregnancy has been foisted on the victim against her wish and said pregnancy is unwanted pregnancy,” said the division bench of justice SS Shinde and justice SM Gavhane, while allowing the 17-year-old to get the pregnancy terminated at a government hospital at Latur.

Another reason, according to the bench, to allow the termination, was that the teenager, who is poor and lives in a village, will have to face “grave trauma” if she was not allowed. The judges said she would face several restrictions if she was compelled to continue with the pregnancy.

According to the petition filed by the survivor’s father, the teenager was raped on November 27, 2017, by the estranged husband of her sister. He allegedly kidnapped her when she went out to answer nature’s call.

An FIR was eventually registered on December 11, 2017.

After a medical examination revealed that the girl was pregnant, her father moved the Aurangabad bench of the HC in January 2018, seeking permission to terminate the pregnancy.

The HC allowed his plea, observing that “the freedom of the girl to terminate t he unwanted pregnancy that resulted from her physical abuse needs to be respected and such freedom of choice shall have to be construed as integral part of her personal liberty.”