The victim’s lawyer, Sonia Shandilya, informed the court that the girl is 27 weeks and six days pregnant. She added that the victim’s parents also sought an abortion. Citing legal precedents, Shandilya argued that both the High Courts and the Supreme Court have previously permitted abortions even at 28 weeks of pregnancy.During the previous hearing, the court had instructed a medical board comprising three experts to examine the victim and submit a report. The report, presented on March 8, acknowledged the high risks associated with abortion at this stage but confirmed that the procedure was feasible.According to the Medical Termination of Pregnancy (MTP) Act of 1971, pregnancies resulting from rape are considered to cause severe mental trauma to the victim, thereby justifying termination. In India, abortions are legally permitted up to 24 weeks of pregnancy without court intervention. However, beyond this period, court approval is mandatory.Under the MTP Act, minors, rape survivors, disabled women, or mentally ill individuals are allowed to terminate pregnancies up to 24 weeks. For cases exceeding this duration, a medical board’s recommendation and court authorization are required. An amendment to the MTP Act in 2020 extended the permissible abortion period to a maximum of 24 weeks.This ruling underscores the judiciary’s recognition of the victim’s rights and the psychological toll of forced pregnancy, setting a significant legal precedent in similar cases.
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