'Foeticide': Bombay High Court denies abortion plea to 28-week pregnant rape survivor

Bombay High Court refused to let a young rape survivor to medically terminate her pregnancy. The decision came as she was 28-weeks pregnant, a stage at which the court ruled termination would constitute foeticide. A bench comprising of justice Ravindra Ghuge and justice Abhay Mantri based the order the findings of the medical board. The doctors opined that the foetus had no congenital abnormality or anomaly and noted a high probability of a live birth. However, the board also highlighted that the infant would require intensive medical support and treatment if born 12 weeks before the natural conclusion of the pregnancy.

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Under the country's Medical Termination of Pregnancy Act, for abortion the legal limit is 24 weeks for rape survivors. And beyond that said time frame, termination is typically only permitted if there are substantial foetal abnormalities or an immediate threat to the mother's life. And this particular clause was ruled out in this case. According to the findings of the medical board, the foetus was said to be"normal" and the survivor's life was not in immediate physical danger; the court exercised its discretion to deny the plea.

The judge said, "If the child is to develop deformities by a pre-term delivery, no childless couple would adopt such a baby. On the other hand, if the child is allowed to be born naturally, at least a well-developed child would be born naturally as it normally happens and would turn out to be a healthy baby. A childless couple would always be encouraged to adopt a well developed orphan baby.” The other option teh bench noted would be to perform foeticide. It further added that in a case similar to this, the Supreme Court declined the option to proceed with the option of foeticide. “