HC allows minor rape victim to abort her ‘underweight’ foetus

The Bombay High Court on Wednesday allowed a minor rape victim to abort her more than 20-week pregnancy under the Medical Termination of Pregnancy Act.

The vacation bench of Justice Anil Menon and Justice Bharati Dangre allowed the 16-year-old girl to abort her ‘underweight’ foetus. The judges noted the fact that if the girl is disallowed from aborting the pregnancy, there would be an adverse impact on her mental and physical health.

The judges also took into account the fact that if the child is allowed to take birth, the chances of its survival were very low.

The minor girl, a resident of Mumbai petitioned the vacation bench citing her bad health. The medical reports, furnished by the girl as well as the medical board stated that the weight of the foetus was only 600 grams, which is much lesser than the average weight.

In her petition, the girl who was initially admitted in Rajawadi hospital, claimed that any further delay in aborting her foetus would cause risk to her life.

Taking a note of the same, the judges in their order said, "Since time is the essence, we are of the opinion that the concerned authorities must ensure that no further delay is caused. We allow the petitioner girl to abort her pregnancy under the MTP Act."

Meanwhile, the Brihanmumbai Municipal Corporation (BMC), which was made as a party to the litigation informed the judges that it would transfer the girl from Rajawadi hospital to King Edward Memorial (KEM) hospital, Parel. The civic body contended that the facilities in KEM for aborting a pregnancy are much better than that in Rajawadi.

Accordingly, the judges allowed the BMC to transfer the girl to KEM on Wednesday itself. A further direction was issued suggesting the doctors in KEM to preferably conduct the abortion by Thursday.

The judges also took into account the fact that if the child was allowed to take birth, the chances of its survival were very low