Cuttack: The Orissa High Court has postponed its hearing on a petition filed by the parents of a minor rape survivor seeking to terminate her 31-week pregnancy, following a detailed medical assessment by a board at AIIMS Bhubaneswar that highlighted substantial risks to both the mother and the foetus at this advanced gestational stage.
Justice BP Routray reviewed the May 5 examination report from AIIMS experts, which was ordered after doctors at Capital Hospital, Bhubaneswar, had earlier expressed concerns about proceeding with the termination. The 16-year-old girl is reported to be suffering from hypothyroidism and mild anaemia in addition to the pregnancy.
According to the AIIMS medical board’s opinion, while termination remains medically feasible, it involves “high risk” factors for the minor, including prolonged labour, excessive bleeding, infection, potential ICU admission, and in extreme cases, maternal death. For the foetus, risks include distress, birth asphyxia, prematurity, and the need for extended neonatal intensive care. The board also noted the possibility of a live birth at this stage and strongly recommended continuing the pregnancy to full term (around 40 weeks) under proper antenatal care for safer outcomes for both. It sought court directions on the care of the child if born alive.
Petitioner’s counsel Ramakanta Sarangi, appearing virtually, requested additional time to consult with the minor’s parents, who have described the pregnancy as “unlawful” resulting from the rape and are seeking state-supported medical care alongside termination. The court granted the adjournment and rescheduled the matter for Thursday.
This case comes against the backdrop of recent judicial developments in India concerning late-term pregnancies in rape survivors. The Supreme Court has, in similar matters involving minors, emphasised the survivor’s autonomy and mental health, urging the Centre to consider amending the Medical Termination of Pregnancy (MTP) Act to ease gestational limits, typically up to 24 weeks, for rape victims, particularly minors, to better address trauma and delayed reporting.
Courts have previously allowed terminations in advanced stages in exceptional circumstances, balancing medical viability, the survivor’s rights under Article 21, and foetal considerations. In this instance, the High Court has taken a cautious approach by seeking expert inputs from multiple medical bodies before proceeding.
The petition was originally filed in March by the girl’s parents, highlighting the circumstances of the rape and requesting comprehensive state support. Further updates are expected following Thursday’s hearing.
