Why Bombay HC Denied Abortion to a 28-Week Rape Survivor
The Bombay High Court ruled that it could not allow a young rape survivor to medically end her pregnancy at 28 weeks. The court said that termination at this stage would amount to foeticide.
The decision came after medical experts confirmed that the foetus showed no abnormalities and had a strong chance of being born alive.
The ruling has raised important questions around medical limits, survivor rights, and late-stage pregnancy care. Since the matter involves both legal and health concerns, the court relied heavily on expert medical opinion.
The medical board report guided the court’s decision
The High Court had asked a government medical board to examine the survivor and submit a detailed report. Doctors from Sir JJ Group of Hospitals evaluated her condition and the stage of pregnancy.
According to the medical board, the pregnancy had crossed 28 weeks. If doctors attempted termination now, the procedure would likely result in the birth of a live baby with a beating heart. The doctors also clarified that the foetus did not have any congenital defects.
In addition, the medical experts warned that a premature baby born at this stage would need extensive neonatal care and long-term medical support.
The court says termination at this stage would mean foeticide
The division bench stated that ending the pregnancy would effectively involve foeticide. The judges also referred to past Supreme Court decisions where courts declined to permit foeticide when the foetus was viable and healthy.
The bench observed that if a child is born too early and develops health complications, adoption becomes more difficult. However, if the pregnancy continues to full term, the baby has a better chance of being healthy and adopted.
As a result, the court ruled that it could not grant permission for medical termination.
Survivor’s concerns about the future were placed on record
During the hearing, the survivor clearly told the court and doctors that she did not want to continue the pregnancy. She said carrying the pregnancy to full term would affect her education, career, and future life.
However, the court noted that she was only around 12 weeks away from natural delivery. In its view, continuing the pregnancy posed less medical risk than attempting termination at such an advanced stage.
This reasoning played a key role in why the HC refuses to let the survivor terminate a 28-week pregnancy despite the difficult circumstances.
Background of the case and legal proceedings
The case came before the High Court through a writ petition filed by the survivor’s mother. The young woman had recently turned 18. She became pregnant after a relationship with a boy she met through tuition classes while she was still a minor.
After missing her menstrual cycle, she informed her mother. An FIR was later registered in early January, stating that the girl had been misled with a false promise of marriage.
Earlier this month, the court ordered a medical examination to assess whether termination was medically safe and legally possible beyond the usual 24-week limit.
The court orders support and the adoption process after delivery
Although the court denied permission for termination, it issued several directions to protect the survivor’s health and well-being. The judges instructed authorities to ensure she receives full medical care, psychological counselling, and social support during pregnancy and after delivery.
The court also said that after the medically recommended feeding period, the child may be handed over to an orphanage and placed for adoption through legal channels.
By doing so, the court aimed to balance medical safety, legal limits, and the survivor’s long-term welfare.
Conclusion
Cases where the HC refuses to let the survivor terminate a 28-week pregnancy highlight the complex intersection of medicine, law, and ethics. Doctors must weigh maternal safety against foetal viability, while courts depend on medical science to guide legal decisions.
This case underscores why late-stage pregnancy termination remains one of the most challenging areas in reproductive healthcare.
Source:Â Inputs from various media SourcesÂ
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
- Health News and Updates,People Forum
- 29 January 2026
- 18:00
