Raped by uncle, 12-year-old gives birth: Baby and mother stable; Bombay HC had conditionally approved abortion
NAGPUR: A 12-year-old rape survivor gave birth to a baby boy at Akola GMCH last week. The minor, who had earlier moved the Nagpur bench of Bombay High Court (HC) seeking its nod for the medical termination of her eight-month-old pregnancy and had obtained the court's conditional permission for the same, chose to deliver the child after a medical board constituted by the HC warned that an abortion would endanger her life.
On June 17, a division bench of Justices Nitin Sambre and Sachin Deshmukh had granted conditional permission for the medical termination of pregnancy, based on undertakings from the minor and her parents. However, a court-appointed medical board later submitted that proceeding with an abortion could be life-threatening for the minor.
On June 18, the minor underwent a safe delivery. Both she and the baby, weighing 980g, are stable and are expected to be discharged soon.
Advocate Soniya Gajbhiye, representing the minor and her family, said they would now approach the HC again seeking directions on custody and future care of the newborn. "The minor is herself dependent on her parents and incapable of caring for the baby. The accused, her uncle, is currently in judicial custody," Gajbhiye said.
HC, in its judgment, had highlighted important constitutional principles on reproductive rights, referring to Supreme Court precedents.
by Taboola
by Taboola
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The bench observed that the physical and psychological trauma of forced pregnancy, especially arising from sexual assault, violates a woman's dignity and autonomy under Article 21 of the Constitution.
"The right to bodily autonomy rests with the woman alone, irrespective of her age or marital status. No authority, including the State, can compel her to carry an unwanted pregnancy. Such coercion would strip her of the right to decide the immediate and long-term course of her life," HC had ruled, while accepting this constitutional principle had to be balanced with expert medical advice in the present case.
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