Forced delivery cannot be allowed when the child will be born alive even after forced delivery - Bombay High Court

 The Bombay High Court recently refused to allow a 15-year-old minor to terminate her 28-week pregnancy. The mother of the minor, in view of the rule that abortion of a fetus above 20 weeks is an offense in law and abortion of a fetus above 20 weeks can be done with the permission of the court. He had filed a petition in the High Court seeking permission to terminate the 28-week pregnancy of his 15-year-old minor daughter.                                                                     According to the petitioner, his minor daughter had gone missing in the month of February. Whose report he lodged in the police station. After which the police found his daughter, 3 months after she went missing, she was found with a man in Rajasthan. The police had registered a case against the person since then the person is in jail. After the daughter's recovery, when the woman came to know that her minor daughter had a fetus of 28 weeks in her womb, she filed a petition in the High Court seeking permission to terminate the fetus in the minor's womb.                                                                              Acting on the petition of the minor's mother, the court had directed to set up a medical board. Along with this, the medical board was directed to find out the physical and mental condition of the minor and the fetus growing in her womb and give medical reports and suggestions.                                                                          After the report of the medical board and its recommendations were received by the court, a division bench of Justice RV Ghuge and Justice YG Khobragade heard the petition, referring to the medical report, the bench said that The medical board has said in its report that even if an attempt is made to forcibly deliver, the child will be born alive. prematurity requiring the baby to be admitted to a neonatal intensive care unit. Doctors also say that there could be a danger to the life of the minor during forced delivery. Apart from this, doctors also say that due to forced delivery and premature birth, the physical and mental health of the child can be adversely affected.                                                                    After referring to the medical report, the court said that when the child is about to be born then why not wait for the natural delivery. There is only 12 weeks for natural delivery, the court said that we believe that it is necessary to consider the health of the child and its physical and mental development, so the child should be allowed to be born healthy.                                                      The court refused to allow the abortion considering the medical report and opinion of the doctors regarding the minor and the child to be born. Although the court has given liberty to the petitioner that she can keep the child with her if she wants, if the petitioner does not want to keep the child with her then she can give it to the orphanage.

INDIAN LAW EXPRESS

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