High Courts Authorize Late-Term Abortions for Minor Rape Survivors
Urgent medical-board reports backed by Supreme Court precedent are allowing courts to approve terminations beyond statutory limits for underage rape victims.
Overview
- Early this week, the Chhattisgarh High Court allowed a 14-year-old to terminate a 28‑week‑plus pregnancy after a medical board found risks to her mental and physical health and the state urged permission to prevent further harm.
- The Nagpur bench of the Bombay High Court granted permission for a 16‑year‑old to end a roughly 27‑week pregnancy after an urgent hospital medical board reported only a minor medical risk to the procedure.
- Both courts required procedural safeguards including admission to a hospital with specialist teams, informed consent from the guardian, full pre‑ and post‑operative care, and preservation of foetal tissue and DNA for the pending criminal probes.
- The Madhya Pradesh High Court sharply rebuked health authorities for sending cases under the 24‑week statutory limit to courts and ordered administrative steps so qualified medical practitioners can act without delay when the MTP Act permits.
- All orders rely on the Medical Termination of Pregnancy Act (amended 2021) and Supreme Court rulings that protect reproductive autonomy for rape survivors and minors, with judges stressing speedy medical-board assessments to avoid avoidable trauma and delays.