India Court Approves Killing 28-Week-Old Baby in Abortion

The Chhattisgarh High Court I nIndia has approved the killing of an unborn baby older than 28 weeks by clearing a late-term abortion for a 14-year-old rape survivor.

Accord8ing to news reports the baby is almost 29 weeks old at minimum.

The court ruled that allowing the viable baby to be born would somehow violate her constitutional rights to dignity, privacy, and reproductive autonomy under Article 21 of the Indian Constitution. The baby will eventually be removed from her body, the only question is whether the baby will be dead or alive. And at 28 weeks, that is well past the 21 week mark of the earliest viability.

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Justice Amitendra Kishore Prasad observed that the 14-year-old victim had clearly and voluntarily expressed her desire to abort her baby, meaning there was no legal barrier to the abortion.

The decision came after the girl’s guardian petitioned the court once the pregnancy exceeded the limits set under the Medical Termination of Pregnancy Act. On June 29 the High Court directed a medical board to evaluate the case. The board reported on July 1 that the baby stood at 28 weeks and five days.

While noting the girl was physically and mentally healthy, the board warned that an abortion at this advanced stage carried risks of infection, bleeding, and cervical injuries. It also stated that forcing her to carry the pregnancy to term would cause further physical and psychological suffering, even though abortion has been routinely linked with mental health problems.

The state government backed the petition, arguing that denial of the abortion would severely damage the minor’s mental health. The court stressed that constitutional courts hold the power to authorize abortions past statutory gestational limits in extraordinary circumstances, especially those involving minors and rape survivors.

The petition detailed that the girl was allegedly kidnapped and sexually exploited in December 2025. Because of threats, she did not tell her family.

The pregnancy came to light in June after she was hospitalized for severe stomach pain. An ultrasound confirmed the pregnancy, and police registered a case under the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences Act.

In its order the High Court directed that the minor be admitted to a government or district hospital within one week. This ruling permits the killing of a baby older than 28 weeks despite the medical board’s documented risks of the late-term procedure itself.