Can’t force rape-victim to become a mother: Bombay High Court’s important decision, allowing abortion of 16-week pregnancy of a minor

The Bombay High Court in one of its judgments has allowed the abortion of a minor rape victim who is 16 weeks pregnant. During this, the court made an important remark that ‘we cannot force a rape victim to become a mother’.

Referring to a Supreme Court judgment, Judge of the Nagpur Bench of the Bombay High Court, A.K. s. Chandurkar and Urmila Joshi Pholke gave this verdict.

The decision to become a mother or not is part of a woman’s personal liberty.

While pronouncing the verdict, the court said that the decision of any woman to become a mother or not is related to her personal liberty. Personal liberty is protected under Article 21 of the Indian Constitution. In such a situation, no one can be forced to become a mother. Especially when a rape victim is a minor pregnant.

A minor accused of murder had sought permission from the court for abortion

A minor rape victim had sought permission from the Bombay High Court to abort her 16 weeks pregnant. In the petition, he had told that his financial condition is not good and he is currently lodged in jail in a murder case. In such a situation, it is not possible for him and his family to take care of the child. Finding the plea of ​​the minor girl right, the court has allowed her to have an abortion.

Minor rape victim jailed for murder

The minor rape victim herself, who petitioned the Bombay High Court, is also in jail in a murder case. He had filed a petition from the jail through lawyers. On the other hand, his convicted rapist is also serving a jail term under the POCSO Act.