The minor girl in this case became pregnant after she was sexually assaulted. A medical board had opined that she was physically and mentally fit for termination of pregnancy, subject to the permission of the High Court. By the time she had approached the Bombay High Court seeking termination, she was over 27 weeks pregnant.
In another clarificatory opinion, without examining the girl, the medical board denied the termination of pregnancy on the ground of the gestational age of the foetus and that there were no congenital abnormalities in the foetus. The High Court dismissed the termination plea by relying on the clarificatory opinion.
On appeal, the Supreme Court directed the medical board to re-examine the pregnancy of the girl. In its report, the board approved of the termination of the foetus and said that continuation of pregnancy will negatively impact the physical and mental well-being of the girl. Accordingly, on April 22, the Supreme Court had allowed the termination.
However, by the time the parents of the girl arrived at a decision, the final conclusion which was reached was that the health of the minor girl was at high stake now due to the over 30-weeks pregnancy. Considering the parents’ interest for safeguarding the health of their daughter as well as the minor’s intention of giving birth to the foetus and then giving it for adoption, the top court recalled its April 22 order.
Source: Barandbench
