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Synopsis

The Chhattisgarh High Court has allowed the termination of 24 weeks pregnancy for a minor rape survivor, ruling that a rape survivor cannot be compelled to give birth to the child of her rapist.

A Single judge bench comprising Justice Bibhu Datta Guru, emphasised the he victim's right to reproductive autonomy, observing that, “The victim of rape must be given that much of liberty and right to decide whether she should continue with the pregnancy or she should be permitted to terminate the pregnancy.”

“A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist,” the court further stated.

Claiming severe mental anguish, the minor, represented by her guardian, sought permission to terminate her pregnancy, which was a result of forcible sexual intercourse by the accused. The petitioner contended that “she does not want to have a child born out of a person who has ravished her without her consent and has subjected her to humility and embarrassment before the society.” She approached the court on December 30, 2024, seeking a directive for medical evaluation and termination. Following court orders, a medical board assessed her condition, reporting that although the pregnancy was viable with no gross anomalies, continuation could significantly harm her mental health, potentially leading to psychosis.

Referencing the amended Medical Termination of Pregnancy Act and Supreme Court judgments, notably X v. Union of India and Suchita Srivastava v. Chandigarh Administration, the court emphasised the need to prioritize the victim’s mental health over procedural barriers. The court noted, “termination of pregnancy after 20 weeks to save life of pregnant woman (an alleged rape victim) in case of grave danger to physical and mental health of the said woman, is permissible.”

Acknowledging the victim’s right to reproductive autonomy, the court allowed termination of the pregnancy, directing immediate admission to a government hospital equipped with ICU facilities. The court further mandated DNA preservation of the fetus for ongoing criminal proceedings.

 

Cause Title: ABC (Minor) Through Natural Guardian XYZ v State Of Chhattisgarh [WPC No. 6513 of 2024]

Appearance: Advocate Basant Dewangan - for the Petitioner; and Deputy Advocate General Praveen Das - for Respondent/State.