'Her Consent Paramount': Allahabad HC Allows 31-Week Abortion for Minor Rape Survivor
The Allahabad High Court recently permitted a 17-and-a-half-year-old rape survivor to medically terminate her 31-week pregnancy. The minor, who approached the court through her father, had become pregnant due to sexual assault and was determined not to carry the pregnancy to term.
The case came before a bench comprising Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra. Court noted that despite counseling and medical concerns, the girl and her parents were firm in their decision to terminate the pregnancy, citing grave emotional trauma, social stigma, and financial hardship.
Initially, the minor had approached the Chief Judicial Magistrate, Agra, in May 2025. The CJM constituted a medical board, which on June 13 estimated the fetal age at 26 weeks and 5 days. A second evaluation dated July 2 noted the fetus was 29 weeks and 1 day. By the time the petition reached the High Court, the pregnancy had crossed 31 weeks. The medical board opined that the procedure at such a stage posed risks to both mother and child.
Court, however, acknowledged that while physical risk is a relevant factor, mental health, reproductive choice, and bodily autonomy are equally protected under Article 21 of the Constitution. It cited the Supreme Court’s rulings in A (Mother of X) v. State of Maharashtra and XYZ v. State of Gujarat, reiterating that rape-related pregnancies cannot be equated with consensual ones, and that the refusal of abortion at a late stage should not automatically override the woman’s agency.
“Consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount,” the court observed, noting that the minor had been left “completely shattered both physically and mentally.”
A 45-minute counseling session conducted by a psychiatrist and a clinical psychologist from S.N. Medical College, Agra, failed to change the minor’s mind. The medical team’s report emphasized that the girl and her parents were well aware of the risks but, given their socio-economic and emotional circumstances, remained resolute in seeking abortion.
Court ultimately permitted the termination and directed that the procedure be carried out urgently by a specialized team at S.N. Medical College. The District Magistrate, Agra, was tasked with ensuring the family’s expenses were fully covered by the State. The aborted fetus is to be preserved for forensic examination in the ongoing criminal case, and confidentiality was ordered to be maintained throughout.
Case Title: Ab(2025) Through Her Guardian (Father) vs State Of U.P. And 2 Others
Judgment Date: July 17, 2025
Bench: Justices Manoj Kumar Gupta and Ram Manohar Narayan Mishra