In a recent decision, the Bombay High Court’s Aurangabad bench refused a 15-year-old rape victim’s request to end her 28-week pregnancy. Even if a forced delivery is carried out at this point, medical professionals have assessed that the baby would probably be delivered alive. The court made clear the significance of taking the child’s future into account and decided to give the unborn child’s health and development first priority.
The mother of the rape victim submitted a petition asking for authorization for her daughter to have an abortion, which is how the case got started. The child had been reported missing in February, and after being discovered with a guy three months later in Rajasthan, a complaint was filed under the Protection of Children from Sexual Offences (POCSO) Act.
A medical board examined the girl and came to the conclusion that even if the pregnancy were terminated, the newborn would need neonatal care. The court accepted that a kid would be born whether or not a forced delivery had place. However, there would be a greater chance of developmental abnormalities if a forced delivery were to occur at this time.
The top court ruled to let the pregnancy continue naturally for the last 12 weeks, taking into consideration the child’s health, physical and mental development, and the possibility of adoption. If the petitioner decided to put the kid up for adoption in the future, the court advised doing so.
The court advised a shelter home in Nashik that specialised in pregnant women or the government’s shelter home for women in Aurangabad as viable choices to safeguard the girl’s wellbeing during this time. The girl will be able to decide whether to retain the kid or seek adoption when the baby is born.