Mumbai: The Bombay high court has permitted the medical termination of a 27-week pregnancy of a 17-year-old rape survivor, upholding her right to reproductive autonomy.Justices Bharati Dangre and Manjusha Deshpande on Wednesday said even though JJ Hospital medical board has given its opinion that there is no substantial foetal anomaly, “the petitioner does not wish to continue with the gestation period to its complete term and she therefore wishes to terminate the pregnancy by exercising her right to reproductive autonomy, which is her fundamental right, as guaranteed by the Constitution of India.“The minor’s petition, filed through her mother, sought HC’s permission as her pregnancy is above the 24-week permissible limit under the MTP Act. She urged the HC to consider her tender age, the social stigma attached if the pregnancy is allowed to continue, coupled with her right to reproductive autonomy. The judges noted that the HC as well as the SC, “have reiterated the importance of the reproductive autonomy of a woman.” They referred to a SC observation, ‘that social stigma surrounding a single woman is even greater…’The board’s report stated there is no substantial foetal anomaly nor grave risk to the mother’s physical and mental health. It opined that there are no medical grounds for MTP at this gestational age. The judges said there is no dispute that the pregnancy is a result of rape. “The petitioner, being a minor girl, …, does not desire to continue with the pregnancy and give birth to a child and hence seeks termination of the pregnancy,” they added.They noted that she wishes to terminate her pregnancy, exercising her right to reproductive autonomy, adding “this right of reproductive autonomy” has been approved by SC as well as HC in various judicial pronouncements. In view of the board’s “clear opinion” that the petitioner is healthy and can undergo an MTP procedure, subject to HC’s permission, the judges deemed it appropriate to grant permission for MTP “since the petitioner has chosen to terminate the pregnancy by exercising her right of reproductive autonomy.“While the JJ board said the MTP can be conducted at a tertiary care institute, the judges said, as the board had examined the girl, “it would be advisable that the procedure be conducted in the same hospital…” They directed the girl to report to the hospital, and the doctors to conduct the procedure in “accordance with the prescribed norms” and by “keeping in mind all the medical safeguards.”
