Read Time: 10 minutes

Synopsis

The Telangana High Court allowed a 12-year-old rape victim to terminate her 26-week pregnancy. This decision was made in response to a writ petition filed by the victim's mother against the Superintendent of Gandhi Hospital in Hyderabad, who had initially refused to perform the medical termination of pregnancy.

Justice B. Vijaysen Reddy, delivered the decision, stating that “the victim girl being 12 years old, there cannot be any doubt that the victim girl would be subjected to mental trauma if she is forced to continue pregnancy against her wish; the mother of the victim girl is stated to be a domestic worker. If the victim girl is not allowed to terminate her pregnancy, she has to continue pregnancy until the child is delivered and may have to face not only physical and mental health issues but also social stigma.”

The case began when the petitioner, a single mother working as a domestic worker, noticed her daughter had missed her menstrual periods for over five months. A medical examination at CC Shroff Hospital revealed the minor's pregnancy. Upon further inquiry, it was discovered that the victim had been repeatedly sexually assaulted by one Vijay Kumar and four of his friends. A criminal case was subsequently registered under relevant sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, 2012. When the victim was initially taken to Gandhi Hospital on June 26, 2024, doctors refused to terminate the pregnancy, citing that it was beyond the 24-week limit prescribed by the Medical Termination of Pregnancy (MTP) (Amendment) Act, 2021. This refusal prompted the mother to approach the High Court.

The court, referencing the Supreme Court judgment in the case of ‘A (Mother of X) v. State of Maharashtra’, emphasised that the consent of the pregnant victim and the right to reproductive autonomy was paramount. “The MTP Act does not allow any interference with the personal choice of a pregnant person in terms of proceeding with the termination,” the court noted. It further underscored that “The right to choose and reproductive freedom is a fundamental right under Article 21 of the Constitution.”

The court considered the provisions of the MTP Act, 2021, especially Explanation 2 of Section 3(2), which acknowledges the psychological trauma that can result from continuing a pregnancy caused by rape. Given the victim's tender age of 12 years, the court reasoned that continuing the pregnancy would not only entail physical and mental health risks but also expose her to social stigma.

In reaching its decision, the court weighed several factors, the court took into account the following :

(i) The Medical Termination of Pregnancy (MTP) Act safeguards Registered Medical Practitioners (RMPs) and medical boards when they make decisions in good faith regarding the termination of pregnancy.

(ii) Medical boards, when forming their opinions on pregnancy terminations, should not confine themselves solely to the criteria specified in Section 3(2-B) of the MTP Act. They must also assess the physical and emotional well-being of the pregnant individual, as articulated in the judgment.

(iii) When issuing a clarificatory opinion, the medical board must provide clear and compelling reasons for any change in opinion and circumstances.

(iv) The consent of the pregnant individual holds paramount importance in matters of reproductive autonomy and termination of pregnancy. In cases where there is a disparity of opinion between the pregnant individual and their guardian, the views of a minor or mentally incapacitated pregnant person should be considered significantly in facilitating the court's fair decision-making process.

The court also deliberated on the broader implications of compelling a minor rape victim to carry a pregnancy to full term.

After careful consideration, the court directed Respondent No. 4, the Superintendent of Gandhi Hospital, Hyderabad, to obtain consent from either the victim girl or her mother for the termination of the pregnancy. Upon receiving consent for the termination through a medical procedure, the hospital was instructed to admit the victim girl promptly. Within 48 hours, a senior Gynaecologist from Gandhi Hospital would perform the termination, ensuring all necessary precautions were taken. Additionally, Respondent No. 4 was mandated to collect tissue and blood samples of the fetus for DNA and other essential tests, with these samples to be forwarded by the Investigating Officer to the appropriate Forensic Laboratory. The results of these medical tests, along with the blood samples, were ordered to be preserved for trial purposes.

Furthermore, in the event the victim girl applied for victim compensation, the Legal Services Authority of the High Court for the State of Telangana was tasked with providing necessary assistance to ensure she received adequate compensation as per the law.

 

Cause Title: Case title: Chakali Bhagyamma vs. State Of Telangana [WP No.17358 OF 2024]