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Mumbai: The Bombay High Court has rejected an 18-year-old woman's plea to medically terminate her 28-week pregnancy, ruling that a forced termination would amount to foeticide as the "foetus is healthy and viable".
A division bench of justices Ravindra Ghuge and Abhay J Mantri, in an order passed earlier this week, directed that the teen be provided comprehensive medical and psychological support until her delivery.
"After the child is born, and is in a condition to be given away to a registered orphanage home for being put up for adoption, the Child Welfare Committee would assist the would-be mother even in this regard," the court ruled.
The teen's mother filed a petition, seeking termination of the pregnancy, which was the result of the girl's relationship with a male friend when she was 17.
The male friend had forced the girl into a physical relationship after promising to marry her, the plea stated.
An FIR was registered on January 2, shortly after the teen was found to be pregnant.
The petitioner's lawyer submitted that the teen does not desire to continue with the pregnancy, and it was her decision to have it terminated.
The court, in its order, noted the fact remains that such a relationship at the said age had been consensual, though legally impermissible.
It also cited that the medical board's conclusion that "there is a high chance of a live child being born if the pregnancy is terminated through a preterm delivery".
The medical board also opined that the foetus was without any congenital abnormality or anomaly, the order stated.
Taking into consideration the medical board's view, gestational age of the foetus and the Supreme Court's judgements on the subject, the court denied nod for termination of the pregnancy, "which would amount to foeticide if granted".
It, however, said parents of the would-be-mother can support her and help her deliver the baby in their home or any other place of their choice or through the assistance of a Child Welfare Committee.
"The would-be-mother would be taken care of until her delivery and postpartum care. She can stay in the said facility for as much time as she desires, even after the delivery of the child. The costs would be borne by the state," the court held.
It also directed that all medical attention, including a female psychologist or counsellor, would be provided to the would-be mother.