Archive · 30 Jan 2026
Bombay High Court Denies Abortion to Rape Survivor
A young woman who was pregnant after being raped asked the Bombay High Court in India to allow her to have an abortion.
She was 28 weeks pregnant, which is past the legal limit of 24 weeks for rape survivors to get an abortion in India.
The court said no because the doctors said the baby did not have any problems and ending the pregnancy at that stage would be considered killing the baby (foeticide).
The judges also said that if the baby is born naturally, it would be healthier and could be adopted by a couple who cannot have children.
The court also mentioned that the Supreme Court, which is the highest court in India, had said no to a similar request before.
The court also said that the young woman will get all the medical and psychological help she needs until the baby is born and even after that.
They will also help her if she wants to give the baby up for adoption.
Bombay High Court denied a 28-week pregnant rape survivor's abortion plea.
The court based its decision on a medical board's finding of no foetal abnormalities.
Termination was ruled out as it would constitute foeticide and the legal limit for rape survivors is 24 weeks.
The judge encouraged adoption of a well-developed child and cited the Supreme Court's stance against foeticide in similar cases.
The medical board noted that the infant would require intensive medical support if born prematurely.
- Who
- An 18-year-old rape survivor and the Bombay High Court
- What
- The court denied the abortion plea
- When
- The decision was made as the survivor was 28 weeks pregnant
- Where
- Bombay High Court, India
- Why
- The medical board found no foetal abnormalities and the court ruled termination would constitute foeticide
Pro-Choice Advocates
Court and Medical Board
Right to Choose
Pro-Choice Advocates
The survivor should have the right to terminate the pregnancy due to the traumatic circumstances.
Court and Medical Board
Termination at 28 weeks would constitute foeticide and is legally impermissible.
Medical and Psychological Support
Pro-Choice Advocates
The survivor's mental health and well-being should be prioritized.
Court and Medical Board
Comprehensive medical and psychological support will be provided until delivery and postpartum.
- Pregnancy Duration
- 28 weeks
- Legal Limit for Abortion in Rape Cases
- 24 weeks
- Medical Board's Finding
- Foetus had no congenital abnormalities
- Court's Reasoning
- Termination would constitute foeticide and the foetus was deemed normal
- Judge's Statement
- Encouraged adoption of a well-developed child
- Supreme Court's Stance
- Declined foeticide option in similar cases
- Support Provided
- Comprehensive medical and psychological support until delivery and postpartum
- Adoption Assistance
- Child Welfare Committee to assist in adoption process
