India Court Won’t Approve Killing 32-Week-Old Baby in Abortion
The Gujarat High Court in India has refused to authorize the abortion of a fully developed 32-week-old unborn baby carried by a 15-year-and-six-month-old rape victim from north Gujarat.
The court ruled the abortion unsafe for both the girl and the baby.
Justice M.K. Thakker rejected the request after a medical board at GMERS Medical College and General Hospital in Himmatnagar reported that abortion was possible but carried major risks. The board stated it “may result in live born foetus and require NICU admission. Baby may suffer morbid conditions like chronic hypoxia due to anemia which may lead to intrauterine growth restriction, respiratory distress syndrome due to surfactant deficiency, neonatal sepsis, hypoglycemia, necrotizing enterocolitis, still birth, increase neonatal morbidity and mortality, potential long term developmental problems associated with prematurity.”
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The court found abortion at this stage unsafe given the advanced pregnancy and fully developed baby.
The minor and her family sought court permission under the Medical Termination of Pregnancy Act, stating they did not want to keep the child. An FIR is registered under the Protection of Children from Sexual Offences Act.
With the family reluctant to raise the newborn, the court ordered government authorities to arrange adoption before the due date after obtaining permission from the girl and her parents. It also required regular medical monitoring until delivery, transportation for check-ups and delivery, and coverage of medical, nutrition, and post-delivery expenses.
Additional directives covered interim compensation under the Victim Compensation Scheme, coordination by social defense authorities, collection of the newborn’s DNA sample for forensic examination after delivery, and rehabilitation support—including education and vocational training—through the District Legal Services Authority.
The ruling stands in contrast to a September decision by a two-judge panel of the Bombay High Court in Nagpur, which authorized the abortion of a nearly 29-week-old baby (28 weeks and six days) of a 17-year-old sexual assault victim.
After an initial medical board report found the girl unfit and a later examination found her fit, Justices Anil Kilor and Rajnish Vyas directed the dean of Government Medical College and Hospital to permit the procedure “at the earliest by taking recourse of safety protocols and by complying with our observations.”
Under India’s Medical Termination of Pregnancy Act, abortions are generally limited to 24 weeks in cases involving rape or minors, with later procedures requiring court approval and medical board review.
At 32 weeks a baby is well past the earliest viability of 21 weeks and capable of survival outside the womb. The Gujarat court prioritized the documented medical risks and directed continued care for the mother along with adoption arrangements for the child rather than abortion.
