Give Child For Adoption Or Choose Abortion: Bombay HC Tells 'Rape Victim' Who Wants To Terminate Pregnancy [Read Order]

The Bombay High Court, though allowed a rape victim to terminate her pregnancy at her own risk, also reminded her that she has an option to give the child in adoption.

A girl had approached the High Court and contended that her ex-lover on the pretext of marrying her sexually exploited her and thereby cheated her. She told that court that she does not want to carry the stigma of unwed mother during her entire life due to the act of the accused and thus want to abort the pregnancy, which is more than 20 weeks now.

Perusing the medical report, the bench comprising Justice PN Deshmukh and Justice Pushpa V. Ganediwala observed that her case falls within the criteria as laid down in section 3 of the Medical Termination of Pregnancy Act. The Court said:

"In India a child to an unwed mother is taken as a social stigma of a serious nature and she does not want to carry such stigma for her entire life. In our opinion, it would neither be beneficial for the petitioner not for the fetus in her womb. In the present social milieu in India, we can visualize the future complications she may have to face in her social and married life if she would be deprived of now to exercise her reproductive choice, which has its origin in her fundamental right to life, liberty and human dignity."

But, at the same time, the bench made a suggestion to the girl. It cautioned her that it would be better to consult some expert gynecologist about the future long term complications on her health and reproductive system. The bench said:

"If she does not want the child, she has the option to give the child in adoption as per the law under Juvenile Justice Act. As per the procedure established by CARA, the central agency, her name would be kept undisclosed forever and she or the child is not allowed to meet each other forever. Even, the name of the biological parents of the child would be kept undisclosed from the child forever in its life. She has both the options to exercise." 

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