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Synopsis

The Allahabad High Court recently directed for assessment of the health condition of a 17-year-old rape survivor who is seeking termination of her 20-week pregnancy.

In a writ petition filed by the minor’s father, seeking permission for an abortion under the Medical Termination of Pregnancy Act, 1971 (MTP Act), the bench of Justices Mahesh Chandra Tripathi and Prashant Kumar analyzed the provisions of the MTP Act and the Medical Termination of Pregnancy Rules, 2003 (amended in 2021), which permit abortion up to 24 weeks in certain cases.

The bench noted that the minor fell within the special categories eligible for termination which include minors and rape victims. Furthermore, it observed that under the law, pregnancy resulting from rape is presumed to cause grave mental anguish, reinforcing the petitioner’s plea.

Citing precedents such as Venkatalakshmi v. State of Karnataka and rulings from the Delhi High Court, the court acknowledged that compelling a minor rape survivor to continue an unwanted pregnancy would amount to a violation of her dignity and human rights.

The judges emphasized that the decision to continue or terminate a pregnancy is fundamentally linked to a woman’s bodily autonomy.

"In the case of sexual assault, denying a women right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother," the bench said.

It added that Section 3(2) of the MTP Act reiterates that right of a woman. "To force the victim to give birth to child of a man who sexually assaulted would result in unexplainable miseries," it said.

The court was informed that the girl, who was allegedly kidnapped and raped, is undergoing severe mental trauma and does not wish to carry the pregnancy to term.

The minor’s father had earlier lodged an FIR under Sections 363 and 366 of the Indian Penal Code (IPC) against the accused. The police later traced the girl and found her with the accused. A subsequent medical examination confirmed that she was 19 weeks pregnant. As the pregnancy posed a significant impact on both her life and her family, she, through her father, approached the court seeking permission for its termination.

Taking into account the urgency of the matter, court directed the Chief Medical Officer, Bhadohi, to constitute a three-member medical board to assess the health condition of the girl. Court further ordered the District Magistrate to ensure the minor’s appearance before the medical board.

Case Title: Xxxxx   vs. State Of Uttar Pradesh And 2 Others