Lawstreet Journal

Bombay High Court Allows 16-Year-Old Rape Survivor to Terminate 24-Week Pregnancy

Lawstreet Journal 11 May 2020 10:26pm

Image courtesy: Lawstreet Journal Judiciary Bombay High Court Allows 16-Year-Old Rape Survivor to Terminate 24-Week Pregnancy

In a major relief to a 16-year-old rape survivor, the Bombay High Court while passing an order through video conference on May 10, 2020, allowed her to abort and terminate a 24-week pregnancy. An urgent order in this regard was sought by the state and the central government. It was also noted that when the victim was taken to the hospital by her parents on coming to know about her pregnancy, she was already 21-weeks pregnant. 

The Bombay High Court noted that "In view of her history and the fact that teenage pregnancy carries a risk of mental and physical morbidity, the medical termination of pregnancy is approved by the medical board".

The Medical Termination of Pregnancy Act, 1971  (Act No. 34 of 1971) in Section 3 states the provision for the termination of pregnancy, which reads as follows. 

Section 3. When Pregnancies may be terminated by registered medical practitioners. -

(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offense under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (4), a pregnancy may be terminated by a registered medical practitioner, -

(a) where the length of the pregnancy does not exceed twelve weeks if such medical practitioner is,


(b) where the length of the pregnancy exceeds twelve weeks but does not exceed twenty weeks, if… Continue Reading...

Tagged: Medical Termination of Pregnancy Act 1971  
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