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Synopsis

The High Court of Madhya Pradesh has allowed the medical termination of a 32-week pregnancy for a 16-year-old rape survivor, highlighting a balance between medical risk and the victim's request for termination.

The court, presided over by Justice Avanindra Kumar Singh, delivered the verdict, while hearing the petition filed by a minor aged 16, a victim of sexual offences under sections 376(2)(f), 376(2)(n), 376(3), 506 of the IPC, and sections 5(n), 5(l)/6 of the Prevention of Children from Sexual Offences (POCSO) Act. A report from the Special Judge (POCSO), sought permission for termination of the pregnancy based on the request from the victim and her family.

A medical assessment conducted by an eight-member board from Hamidia Hospital, Bhopal, indicated that the fetus was 32 weeks and six days old. The board concluded that termination could not be conducted as per the Medical Termination of Pregnancy (Amendment) Act, 2021, which permits termination up to 24 weeks unless sanctioned by the court. The medical report highlighted risks associated with termination and the continuation of such a high-risk teenage pregnancy. However, the prosecutrix, supported by her mother, expressed her inability to continue with the pregnancy and insisted on termination despite the associated risks.

The Government Advocate referenced a prior judgment, which permitted the termination of a 28-week pregnancy in a similar case involving a minor victim of sexual crime. The state's position aligned with ensuring the safety and choice of the prosecutrix.

The court recognized the psychological trauma and medical implications for the minor and underscored the exceptional circumstances permitting termination beyond the statutory period.

Noting that “The mother of the prosecutrix stated that she and family members including victim are of the opinion that pregnancy should be terminated, whatever may be the risk. The Court also enquired from the prosecutrix, she too very categorically stated that she does not want to continue further with the pregnancy and pregnancy should be terminated,” the court allowed the termination of the pregnancy.

In furtherance, the court directed that the medical procedure be conducted under following conditions:

1. Termination to be performed by a specialized team of doctors after obtaining written consent.
2. Comprehensive pre- and post-operative care, including the presence of pediatricians and other specialists.
3. Collection and preservation of fetal DNA for criminal investigation.
4. State Government to bear all expenses.

 

Cause Title: Prosecutrix X v State of Madhya Pradesh and Others [WP-41809-2024]