The Bombay high court has permitted a mentally challenged rape victim from Nandurbar district to abort her 22-week-old foetus acknowledging the right of a woman to terminate an unwanted pregnancy.
A bench of justices RM Borde and Vibha Kankanwadi noted that the pregnancy was a result of physical abuse and that the freedom of making choices was an “integral part of a woman’s personal liberty and cannot be taken away” .
Ruling Cites 2009 Supreme Court Decision
The bench referred to a 2009 decision by the Supreme Court, which held that the right to make reproductive choices was a dimension of a woman’s “personal liberty” which is guaranteed under the Constitution ‘s Article 21.
The HC bench also noted that a legal guardian of a mentally challenged rape survivor could make a decision on her behalf since the survivor lacked “intellectual capacity” to do so, pointing out that victim could not make a choice since she is “deaf, dumb and mentally challenged.”
According to high court, it would “be hazardous to ask her to bear the pregnancy” not only to her but also to the unborn child.
Doctors Refused Citing Lack of Consent
The girl’s mother stated that an unidentified person had taken advantage of the girl’s condition and had raped her.
On November 2, doctors refused to terminate the girl’s 18-week-long pregnancy despite it being allowed under the Medical Termination of Pregnancy Act.
The mother subsequently approached the high court stating that the doctors were refusing to terminate the pregnancy since the girl was unable to consent due to her being mentally challenged
Based on a complaint made by the woman, the local police has registered a case of rape against an unknown person.
