HC allows rape survivor to terminate 28-week pregnancy

MUMBAI: The Bombay high court on Thursday allowed an 18-year-old rape survivor to medically terminate her 28-week pregnancy. The survivor had moved the court, seeking relief, as the pregnancy had surpassed the legal limit of 24 weeks under the Medical Termination of Pregnancy (MTP) Act. The court allowed the medical termination, upholding her “right to choice” and “her right of autonomy over her body”.

The court had issued an order on February 17, 2025, directing the authorities of the Sir J.J. Group of hospitals to constitute a medical board to examine the survivor, which reported that the termination will bear the same risks and complications if the pregnancy is continued till term. However, the report declared the survivor mentally and physically fit to undergo the procedure, subject to optimisation of her haemoglobin level.

To ensure safety and compliance, the bench of justice Revati Mohite Dere and justice Dr. Neela Gokhale interacted with Dr. Sandeep Pophale, associate professor at Sir JJ hospital, who informed them that the termination is not likely to be detrimental in any manner.

Upholding the survivor’s right to reproductive freedom, the court granted her the permission to terminate the pregnancy. “Having considered her autonomy over the body and her right to choice and having considered the findings and opinion of the medical board, we permit the petitioner to medically terminate the pregnancy, if she so desires”, the court said.

Given the allegation of sexual assault, the court asked the authorities to preserve the appropriate DNA sample of the foetus after its birth and forward the same to the investigating officer for ensuing criminal trial.