High Court Rejects Abortion Petition of Minor Rape Victim at 32 Weeks of Pregnancy

Jabalpur: The Jabalpur High Court has rejected the petition seeking an abortion for a minor rape victim who is over 32 weeks pregnant. Medical experts reported that the fetus has a strong chance of survival, and the child’s mother has consented to carry the pregnancy to term. The court emphasized that, in the interest of both the mother and the unborn child, abortion cannot be permitted at this stage.

Medical Report and Court Proceedings
The case arose when the district court wrote to the High Court seeking permission for the abortion. The High Court took cognizance of the matter and directed the submission of the minor’s medical report. According to the report, the girl is 15 years and 5 months old, and her pregnancy has exceeded 32 weeks. The medical board confirmed that the fetus is alive and viable.

Risks of Late-Term Abortion
Medical authorities noted that abortion at this stage is high-risk. If the fetus survives, it may face severe physical and mental developmental challenges due to prematurity. Considering the safety of both mother and child, delivery was deemed the safest course of action. The court referred to the Supreme Court’s guideline that termination of pregnancy beyond 24 weeks can only be considered after carefully evaluating the woman’s choice, health, and socio-economic factors.

Mother Refuses Abortion
The minor’s statement was not recorded due to potential health risks. Her mother refused the abortion, considering the danger to her daughter’s life. The High Court, after reviewing the medical report, doctor’s opinions, the mother’s statement, and the minor’s health, ruled that abortion could not be allowed. After birth, the child will remain in the custody of the mother for breastfeeding, after which authorities will ensure the child’s safe upbringing. The child may later be placed for adoption with a willing family, as per legal provisions.