Bombay High Court Permits Termination of Pregnancy for Minor Sexual Assault Victim Beyond Legal Gestational Limit

Court considers psychological, emotional, and social factors in landmark decision allowing pregnancy termination at 27 weeks

In a landmark judgment, the Bombay High Court has permitted the termination of a 27-week pregnancy for a minor victim of sexual assault, recognizing the grave psychological and emotional distress faced by the petitioner. The court's decision, delivered by Justices Revati Mohite Dere and Sandesh D. Patil, underscores the critical consideration of mental health and social factors in cases of medical termination of pregnancy beyond the legally permissible gestational age of 24 weeks.

The petitioner, a 15-year-old girl, sought the court's intervention through her father to terminate a pregnancy resulting from non-consensual sexual intercourse. The court directed the Dean of Sir J.J. Hospital in Mumbai to form a Medical Board to assess the situation. The Medical Board's report, which played a pivotal role in the court's decision, highlighted the absence of any congenital anomaly but emphasized the potential psychological and emotional risks to the petitioner if the pregnancy continued.

The court acknowledged the petitioner's borderline intellectual functioning and the risks of depression, anxiety, and post-traumatic stress disorder, as highlighted by psychiatric evaluations. It directed that psychological counseling and support be provided to the minor both before and after the procedure to ensure her mental and emotional stability.

In the event of a live birth, the court mandated that the hospital provide necessary medical facilities, including Neonatal Intensive Care Unit admission, with costs covered by the State Government. The welfare of the child was also prioritized, with the State Government tasked to ensure the child's well-being.

Moreover, the judgment directed the State Government to expedite the processing of compensation under its 'Manodhairya Scheme', aimed at supporting victims of sexual assault, and assured interim compensation for the petitioner.

The decision reflects an empathetic approach to the complexities faced by victims of sexual assault, especially minors, and marks a significant step in accommodating individual circumstances within the legal framework. The judgment also reinforces the importance of mental health considerations in judicial decisions related to medical terminations.

The case is set for compliance review on November 20, 2025, ensuring the execution of the court's directives.

Statutory provision(s): Medical Termination of Pregnancy Act, 1971, Medical Termination of Pregnancy (Amendment) Act, 2021, Protection of Children from Sexual Offences Act, Bharatiya Nyaya Sanhita, 2023

XYZ v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2805425