Home / Mumbai / Mumbai News / Article / HC allows 12-year-old rape victim to abort foetus; says forcing pregnancy will breach her fundamental rights

HC allows 12-year-old rape victim to abort foetus; says forcing pregnancy will breach her fundamental rights

A vacation bench of Justices SJ Kathawalla and Abhay Ahuja took note of the mental anguish and trauma the minor girl would have to undergo if forced to carry the pregnancy to full term

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Bombay High Court. File Pic

Bombay High Court. File Pic

The Bombay High Court permitted a 12-year-old victim of rape and sexual assault to undergo medical termination of her pregnancy, which was a result of this assault, despite the pregnancy being beyond the permissible 20-week limit and the foetus having only minor abnormalities.

A vacation bench of Justices SJ Kathawalla and Abhay Ahuja took note of the mental anguish and trauma the minor girl would have to undergo if forced to carry the pregnancy to full term. It also cited an April 2019 order passed by another Bombay HC bench, which had held that if a pregnancy posed injury to a woman's mental health, then forcing her to continue with such pregnancy would be in breach of her fundamental right to life.

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