Observing that reproductive choice falls within the realm of a woman’s bodily privacy, the Madras High Court has permitted a 16-year-old sexual assault survivor to terminate her 30-week pregnancy, notwithstanding the 24-week upper limit prescribed under the Medical Termination of Pregnancy Act, 1971.

Justice D Bharatha Chakravarthy was hearing a mother’s plea on behalf of her minor daughter, seeking direction to the hospital to take into account the survivor’s age and trauma resulting from the sexual assault and to safely perform medical termination of her advanced pregnancy.

“Notwithstanding the age of the fetus or the term of the pregnancy, the 1st respondent shall immediately constitute a Medical Board. Upon examining the victim child, if it is found that medical termination can be performed without endangering her life, the same shall be carried out at the earliest possible time,” the June 2 order noted. 

The Madras High Court, relying on the Supreme Court ruling, observed that the right to terminate a pregnancy concerns her reproductive rights and bodily autonomy, and in the present case both the survivor and her guardian have consented to termination of the pregnancy.

The court, reiterating the top court’s law, noted that if a pregnancy can be safely terminated, possible side effects cannot be a ground for denying the abortion, so long as it does not endanger the woman’s life.

The court further said that wherever possible, the medical termination should be performed even beyond 24-week pregnancy.

Following the well-established principle, the court directed the concerned hospital to constitute a medical board to opine on whether the abortion is feasible and could be performed beyond 24-week pregnancy, and disposed of the plea.