12-Yr-Old Rape Survivor Delivers Baby After Moving HC For Abortion
Nagpur: A 12-year-old rape survivor, who was on June 17 allowed to terminate pregnancy in the 28th week by the Nagpur bench of Bombay high court, delivered a baby at a govt facility in Akola on June 18.
The turn of events happened after a medical board constituted by the court opined that terminating the pregnancy would endanger the minor's life.
The minor gave birth to a baby boy weighing 980gm at Akola Govt Medical College and Hospital. Both the girl and the newborn are reportedly stable and expected to be discharged soon.
A division bench of Justices Nitin Sambre and Sachin Deshmukh had earlier granted conditional permission for medical termination of pregnancy on June 17, based on undertakings from the minor and her parents.
However, the court-appointed medical board later submitted that proceeding with abortion at this stage could be life-threatening for the minor mother.
The judges had clarified that their decision was based entirely on expert medical assessment and in the best interest of the minor's health and survival.
Advocate Soniya Gajbhiye, representing the minor and her family, told TOI that they will now approach the high court again seeking directions on custody and future care of the newborn.
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"The minor is herself dependent on her parents and incapable of caring for the baby. The accused, her uncle, is currently in judicial custody on charges of raping the minor," she said.
In its judgment, the bench also reiterated important constitutional principles on reproductive rights, referring to Supreme Court precedents. It observed 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," the court had ruled, while accepting this constitutional principle had to be balanced with expert medical advice in the present case.
The petition was filed by the minor's parents through Gajbhiye. Government pleader and senior counsel Deven Chauhan, assisted by advocate HD Marathe, represented the state.
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