Bombay HC refuses permission to minor girl to abort pregnancy

The Aurangabad bench of the Bombay High Court has refused to permit a 15yearold rape victim to abort her 28week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage reported news agency PTIThe baby would require neonatal care as per the doctorsAccording to PTI a division bench of Justices R V Ghuge and Y G Khobragade in its order of June 20 said if a child is going to be born even with forcible delivery then they might as well let the baby be born fullterm keeping its future in mindThe court was hearing a petition filed by the rape victims mother seeking permission to abort the girls 28week pregnancy The woman in the plea said her daughter went missing in February this year and was found with a man in Rajasthan three months later by police A case was lodged against the man under relevant sections of the Protection of Children from Sexual Offences POCSO Act reported PTIA medical board after examining the girl said even if the pregnancy termination proceedings are done the baby would be born alive and would have to be admitted in a neonatal care unit and the girl would also be at riskThe Bombay High Court bench noted a child would be born whether by forcible medical intervention or by natural deliveryIf a forcible delivery is to be done then an underdeveloped child would be born and there would be chances of certain deformities being developed it saidIf in any case the child is going to be born and the natural delivery is just 12 weeks away we are of the view that the health of the child and its physical and mental development need to be considered the high court saidWhen a live child is going to be born even today we might as well let the child be born after 12 weeks and under medical advice If later the petitioner desires to give away the child to an orphanage she shall have the liberty to do so it saidThe disadvantage of permitting forcible delivery of the child today is that the child who would have naturally developed into a well grown baby will have to be brought into this world at a premature stage and that too forcibly the court saidIf the baby is well developed and delivered naturally as a full term baby there would be no deformity and the chances of adoption would brighten the Bombay High Court saidThe girls mother then sought the court to permit the girl to be kept in some NGO or hospital till she delivers the childThe court said the girl could be kept either at a shelter home in Nashik which cares for pregnant women or the governments shelter home for women in AurangabadAfter the baby is delivered the girl will be at liberty to take a decision on whether to keep the baby or give the child up for adoption the Bombay High Court said reported PTIWith inputs from PTI