The Nagpur bench of the Bombay High Court, in a significant judgment dated June 17, 2025, allowed a 12-year-old rape survivor to terminate her 29-week pregnancy, stating that forcing her to continue the pregnancy would violate her fundamental rights. The verdict was delivered by a division bench comprising Justices Nitin W. Sambre and Sachin S. Deshmukh.
The minor, represented by her father, approached the court seeking permission to abort the foetus under the Medical Termination of Pregnancy (MTP) Act. It was revealed that the pregnancy resulted from repeated sexual abuse by her cousin uncle, and a formal complaint was registered on June 5, 2025.
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Upon receiving the plea, the court immediately directed the formation of a Medical Board consisting of senior doctors from the Government Medical College, Akola. The board assessed the girl’s condition and highlighted that termination at such a late stage would involve high risk. It recommended a hysterotomy—a surgical procedure—with the high-risk consent of the parents and the girl's assent.
“The process of termination of pregnancy is high risk by considering her age and fetal gestational age. Hysterotomy can be done with high risk consent of parents and assent of patient,” stated the Medical Board's report.
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Despite the high risk, the girl and her parents consented to the procedure. The court acknowledged this and emphasized the constitutional right of the girl to make decisions about her own body.
“This Court cannot force the victim to carry her pregnancy against her wish as in such an eventuality, the State would be stripping her of the right to determine the immediate and long term path of her life,” the bench observed, quoting Supreme Court precedents supporting the reproductive autonomy of women.
The judgment referred to earlier landmark cases including X vs. Principal Secretary, Health and Family Welfare Department, Govt. of NCT of Delhi and XYZ vs. State of Gujarat, where the Supreme Court upheld a woman’s right to terminate an unwanted pregnancy irrespective of marital status. The court highlighted the disproportionate burden borne by women in cases of unwanted pregnancies, particularly following sexual abuse.
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The State opposed the petition citing medical risks, but the court clarified that the Medical Board had not indicated any life-threatening danger to the girl. Instead, it acknowledged the need for safety protocols and specialized medical supervision during the termination.
“We are equally required to be sensitive to the fact that a woman can become pregnant by choice irrespective of her marital status. However in case of unwanted or incidental pregnancy the burden invariably falls on the pregnant woman/victim,” the bench noted.
Finally, the court directed the Dean of the Government Medical College, Akola, to carry out the termination procedure at the earliest, adhering strictly to safety guidelines and with the necessary consents recorded.
Case Title: XYZ Minor Through Her Natural Guardian Father vs Union of India (Writ Petition 3027 of 2025)
