Minor Rape Victim Cannot Be Forced To Continue With 'Unwanted' Pregnancy: Bombay High Court Allows 12-Yr-Old Girl To Abort 29 Week Foetus

Observing that it cannot force a rape victim to carry her 'unwanted' pregnancy, the Nagpur bench of the Bombay High Court recently allowed a minor girl to abort her nearly 29 weeks foetus under the Medical Termination of Pregnancy (MTP) Act.

A division bench of Justices Nitin Sambre and Sachin Deshmukh said by forcing he girl to continue with the pregnancy, the State would be 'stripping' her of the right to determine the path of her life. 

"This Court cannot force the victim to carry her pregnancy against her wish as in such an eventuality, the State would be stripping her of the right to determine the immediate and long term path of her life. We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status. However in case of unwanted or incidental pregnancy the burden invariably falls on the pregnant woman/victim," the judges observed in the order passed on June 17. 

According to the plea filed by the victim through her parents, she was sexually abused by her own cousin uncle and the same came to light only after she was found to be pregnant. An FIR to this effect was lodged against the accused uncle on June 5, 2025. 

Upon her filing the plea, a medical board was constituted by the bench, in an earlier hearing, comprising of the Dean, Government Medical College in Akola and the same institute's Professor and HOD of Obstetrics and Gynecology, Associate Professor and HOD, Pathology; Associate Professor and HOD, Paediatrics, Professor and HOD, Chest Medicine, Professor and HOD, Psychiatry and Associate Professor, Radio-diagnosis.

The medical board in its report recommended, "The process of termination of pregnancy is high risk by considering her age and fetal gestational age. Hysterotomy can be done with High Risk consent of parents and assent of patient."

The bench noted that both the victim and also her parents have consented to the procedure under the MTP act to abort the foetus and therefore, permitted the medical termination of her pregnancy. 

"In that view of the matter and considering the fact that there is no life threat to the petitioner as certified by the Medical Board, we deem it appropriate to direct the Dean, Government Medical College, Akola to permit the petitioner to undergo medical termination of pregnancy at the earliest by taking recourse to the safety protocol and by complying with the aforesaid observations," the judges said. 

With these observations, the bench disposed of the plea. 

Appearance: 

Advocate Soniya Gajbhiye appointed through Legal Aid for the Victim. 

Senior Advocate & Government Pleader DV Chauhan along with Assistant Government Pleader HD Marathe represented the State.

Advocate SA Chaudhari represented Union of India. 

Case Title: XYZ Minor Through Her Natural Guardian Father vs Union of India (Writ Petition 3027 of 2025)

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