High Court Grants 11-Year-Old Assault Survivor Permission for Pregnancy Termination

The Bombay High Court permitted an 11-year-old sexual assault survivor to terminate her 30-week pregnancy at the state-run J J hospital. The decision required court approval due to the pregnancy exceeding 20 weeks, under the Medical Termination of Pregnancy Act. DNA testing and State responsibility in certain situations were addressed.

The Bombay High Court on Thursday allowed an 11-year-old sexual assault survivor to terminate her 30-week pregnancy, a procedure that was to be conducted at the state-run J J hospital.

The approval came from a vacation bench of Justices Sharmila Deshmukh and Jitendra Jain, responding to a plea filed by the girl's father. According to the Medical Termination of Pregnancy Act, termination beyond 20 weeks necessitates judicial consent.

The assault incident has led to a case under the Protection of Children from Sexual Offences (POCSO) Act and Bharatiya Nyaya Sanhita. The court also emphasized preserving tissue samples for potential DNA testing and stated that the State would assume responsibility if the child is born alive and is not cared for by the girl's family.

(With inputs from agencies.)