HC allows 17-year-old to abort 26-week pregnancy

Nagpur: The Nagpur bench of Bombay High Court on Tuesday granted permission to a 17-year-old girl to terminate her pregnancy, citing psychological trauma the girl endured after she was deceived and abandoned by a man. A division bench of Justices Nitin Sambre and Vrushali Joshi allowed termination of her 26-week-and-4-day pregnancy, relying on a positive report from a medical board that deemed the procedure medically safe.
The minor, a resident of Nagpur, approached the court seeking permission for an abortion, stating she did not want to bear the child. Her parents also consented to the procedure. Since her pregnancy exceeded 24 weeks — the legal limit under the Medical Termination of Pregnancy (MTP) Act — the court required medical board approval.
On Monday, the court directed the Maharashtra govt, through assistant government pleader NS Rao, to constitute a medical board comprising doctors from Government Medical College and Hospital (GMCH) and submit a report on medical feasibility of the abortion by 2.30 pm on Tuesday.
According to the petition, the girl was lured into a romantic relationship by a man who promised to marry her. During their relationship, he allegedly sexually exploited her, leading to an unwanted pregnancy. After learning of her condition, the accused snapped ties with her, leaving her alone to cope with the consequences.
An FIR was registered for rape and kidnapping under Bharatiya Nyaya Sanhita and Protection of Children from Sexual Offences (POCSO) Act, 2012 — laws that carry stringent penalties for sexual crimes against minors.
In its ruling, the court stressed the significance of the minor's physical and emotional welfare. "Considering the medical board's opinion and circumstances, the petitioner is permitted to undergo medical termination of pregnancy," the bench said.
The judges highlighted that the girl and her parents consented to the abortion and underscored the need for sensitivity in handling cases involving minors. The court directed medical authorities to proceed with the abortion immediately and provide the minor with necessary post-operative care and psychological counselling.