The Court went through the provisions of the MTP Act, especially Section 3(2)(b) which allows abortion beyond 24 weeks for certain categories such as survivors of sexual assault or rape, or incest, as also minors.
Since the instant case was of a minor survivor of rape and incest, the Court said it would “lean in favour of the victim while being conscious of the rights of the unborn baby“.
The Court also referred to several precedents set by the supreme court, other high courts, and by itself, permitting abortion even beyond the permissible time limit, considering the age of the survivor.
“It is pertinent to note that a woman’s right to make reproductive choices is recognised as part of her personal liberty under Article 21, subject of course to reasonable restrictions….Here also, on consideration of the physical difficulties, mental agony and opinion of the Medical Board, I am inclined to allow the prayer for medical termination of the pregnancy,” the order stated.
Source: Barandbench
