An 11-year-old girl who survived sexual assault has been granted permission by the Bombay High Court to terminate her 30-week pregnancy. The judgment was passed by a two-judge vacation bench comprising Justices Sharmila Deshmukh and Jitendra Jain on Thursday.

The court said the girl would undergo abortion on Thursday itself at the direction of the government JJ Hospital.

The girl petitioned the high court through her father seeking permission to terminate the pregnancy. In the plea, it was stated that the minor was sexually assaulted and therefore wanted to have an abortion.

According to Indian law, a woman must seek court approval terminate a pregnancy after 20 weeks. Under the provisions of the Medical Termination of Pregnancy Act, it is illegal to have an abortion after this stage without court permission.

According to the plea, the girl is a survivor of sexual assault and a case has been registered against an unknown person under the Bharatiya Nyaya Sanhita (BNS) and Protection of children against sexual offences (POCSO) Act.

Court on the grounds of the minor

The court stated that under the Constitution, it can allow medical termination of a pregnancy beyond the 20-week gestation period in specific circumstances mentioned in the Medical Termination of Pregnancy Act.

“The petitioner is a minor girl who has been a victim of sexual assault. Therefore, she is allowed to undergo a medical termination of pregnancy,” the court noted.

In addition, the court ordered that blood and tissue samples from the fetus be preserved for possible DNA tests or other analyzes necessary for the criminal case.

The court also emphasized that if the baby is born alive, all medical assistance must be given to ensure its survival.

“If the child is born alive and the petitioner or her parents are unable or unwilling to take responsibility for the child, the state government will take full responsibility,” the document said.