The medical report said terminating the pregnancy carried the risk of delivery of a dead baby, which would pose a greater risk to the mother than continuation of the pregnancy. (AI-generated image)Orissa High Court news: Respecting the decision of a 16-year-old rape survivor and her mother to carry a 31-week pregnancy to term after medical boards warned that termination at such an advanced stage could pose serious risks, including maternal death, the Orissa High Court recently allowed the minor to continue the pregnancy.Justice B P Routray pointed out in the May 8 order that in the case of a minor carrying a pregnancy, the opinion of her parents or legal guardian “matters” in choosing the legal route with respect to termination, even at an advanced stage, subject to the risk to the health and life of the carrying mother. Justice B P Routray directed that necessary medicines, medical treatment and other facilities for delivery of the baby be provided to the pregnant minor free of cost.The minor girl was allegedly kidnapped twice by the same accused in June and August 2025, sexually assaulted, and later rescued by the police when she was found to be pregnant. The plea filed by the minor and her parents initially sought medical termination of the pregnancy, but during the course of proceedings, they decided to carry the baby to term, considering medical opinions against it.Also Read | MBA graduate with ‘no income’ can’t deny maintenance to working wife, rules Orissa High Court“The mother of the victim, keeping such a high risk involved in termination of pregnancy, has opted at her choice, along with the minor girl, to continue with the pregnancy till safer delivery of the baby upon completion of the gestational period, and they have filed a memo expressing their consent,” the Orissa High Court order read.The Orissa High Court directed authorities to provide complete medical treatment, nutrition, and care free of cost for the safer delivery of the baby.Kidnapped twiceThe girl was allegedly first kidnapped by the accused in June 2025 before being rescued by the police and placed in the child welfare committee’s custody.In July, the girl’s custody was given to her parents, after which the same accused allegedly kidnapped her again in August. On a complaint by the minor’s mother, a First Information Report (FIR) was lodged in September 2025.The parents then approached the Orissa High Court, praying for her rescue. As she was rescued by December and produced before the child welfare committee, the division bench disposed of the plea in January 2026.At the time of rescue, the minor was medically examined and found to be pregnant.In the present petition, the parents and the minor approached the Orissa High Court for medical termination of the unwanted pregnancy, considering that she is a survivor of offences under the Protection of Children from Sexual Offences (POCSO) Act.The Orissa High Court, by an interim order of April, directed the director of a hospital to constitute an appropriate medical board, examine the girl’s health and submit a report.The report advised against termination of the pregnancy, considering her age and that the pregnancy was in an advanced stage of 30 weeks and 4 days with a viable foetus.Also Read | Man spots dead bee in Domino’s pizza, Punjab consumer court orders Rs 10,000 aid for poor patients‘Termination involves several risks’The Orissa High Court noted that the doctor concerned has opined that the medical termination of pregnancy at this stage involves several risks, including postpartum haemorrhage and disseminated intravascular coagulation.The report pointed out that medical termination carried the risk of delivery of a dead baby, which would pose a greater risk to the mother than continuation of the pregnancy, including the possibility of maternal death.The court directed that necessary medicines, medical treatment and other ancillary medical facilities relating to the treatment and delivery of the baby should be provided free of cost to the pregnant minor girl.Considering the overall circumstances as well as the economic condition of the survivor and her parents, the court directed the state to take steps to provide appropriate care for the pregnant minor girl by providing all such facilities for the safer delivery of a healthy baby.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... 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