Her right to choice: Bombay High Court on teen sexual abuse survivor’s wish to continue pregnancy

Mumbai: The Bombay High Court on Thursday allowed a 17-year-old sexual abuse survivor to continue her pregnancy, noting that it was conscious of her reproductive freedom and right to choice.

A division bench of Justices A S Gadkari and Neela Gokhale said that while the teen initially sought to terminate the pregnancy, she later chose to deliver her baby as she intended to marry the man who had allegedly abused her.

“We are conscious of the right of the petitioner (teenager) to reproductive freedom, her autonomy over the body and her right to choice,” HC said.

The court said it permits the teenager to medically terminate her 26-week pregnancy if she so desires. “However, since she has also expressed her willingness and desire to continue with the pregnancy, she is fully entitled to do so,” the bench said.

The girl and her mother learnt about the pregnancy when she was taken for a check-up for fever. A case was later registered against a 22-year-old man for sexually abusing her. The survivor then moved the HC seeking to terminate the pregnancy.

However, the teen later claimed that she was in a “consensual” relationship with the man and that they intended to get married and raise the baby.

The minor was examined by a medical board at the state-run JJ hospital which submitted a report to the HC, saying that there were no abnormalities with the foetus but being a minor, she was not in a proper mental state to deliver the baby.

The high court noted that both the teen and her mother have shown their inclination to continue the pregnancy and take it to its full term.