Observing that reproductive choice falls within the realm of a woman’s bodily privacy, the Madras High Court has permitted a 16-year-old sexual assault survivor to terminate her 30-week pregnancy, notwithstanding the 24-week upper limit prescribed under the Medical Termination of Pregnancy Act, 1971.Justice D Bharatha Chakravarthy was hearing a mother’s plea on behalf of her minor daughter, seeking direction to the hospital to take into account the survivor’s age and trauma resulting from the sexual assault and to safely perform medical termination of her advanced pregnancy.“Notwithstanding the age of the fetus or the term of the pregnancy, the 1st respondent shall immediately constitute a Medical Board. Upon examining the victim child, if it is found that medical termination can be performed without endangering her life, the same shall be carried out at the earliest possible time,” the June 2 order noted. Justice D Bharatha Chakravarthy allowed a minor girl to terminate her 30-week pregnancy.16 years, and 30 weeks pregnant survivorThe petitioner’s minor daughter, aged 16 years, was subjected to sexual assault.The child did not disclose the incident until the mother discovered it.Consequently, a case was registered in the file of the all-women police station, Samayanallur, for alleged offences punishable under relevant sections of the Bhartiya Nyaya Sanhita (BNS), 2023, and the POCSO Act, 2012.Upon medical evaluation, it was opined that the child was 30 weeks pregnant.Since the pregnancy has crossed the 24-week legal limit prescribed under the Medical Termination of Pregnancy Act, 1971, the hospital did not proceed with the abortion. Also Read | 10722118Termination can be performed: courtThe Madras High Court, relying on the Supreme Court ruling, observed that the right to terminate a pregnancy concerns her reproductive rights and bodily autonomy, and in the present case both the survivor and her guardian have consented to termination of the pregnancy.The court, reiterating the top court’s law, noted that if a pregnancy can be safely terminated, possible side effects cannot be a ground for denying the abortion, so long as it does not endanger the woman’s life.The court further said that wherever possible, the medical termination should be performed even beyond 24-week pregnancy.Following the well-established principle, the court directed the concerned hospital to constitute a medical board to opine on whether the abortion is feasible and could be performed beyond 24-week pregnancy, and disposed of the plea.Story continues below this adCourt’s direction to hospitalRegardless of how advanced the pregnancy is, the hospital must immediately constitute a medical board.If the medical board finds the pregnancy can be terminated without risking the minor girl’s life, the procedure must be performed at the earliest.The court took note of the fact that the girl is already admitted to the hospital.The hospital authorities shall not wait for the certified copy of the order, and should act on the web copy without any delay, and the termination must be conducted in accordance with the medical board’s guidance and law.Also Read | Important to question those in power to enforce accountability; strong judiciary must: Former judge S MuralidharSomya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More