Allahabad High Court Allows Termination Of Minor Rape Survivor's 25-Week Pregnancy

The Allahabad High Court today allowed a 12-year-old rape victim to undergo medical termination of pregnancy after taking into account the opinion of the Medical Board that the continuation of pregnancy "poses a greater risk to her physical and mental health" due to her "tender age".

"Considering the facts and circumstances and the medical report, it would be 'just, legal and appropriate' to order the termination of pregnancy of the petitioner after considering the medical evidence on record," the bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed.

Accordingly, the Court allowed the victim to undergo medical termination of her 25 weeks of pregnancy at the earliest with due care and precautions.

The District Magistrate, Bulandshahar has been directed by the Court to ensure that the petitioner along with her mother reports to Jawahar Lal Medical College, Aligarh tomorrow at 10 AM, wherein the Principal of the Medical College would ensure the termination of her pregnancy

"...the said exercise is to be carried out in the presence of the Head of the Department of Obs & Gynae of the Medical College. We further direct to the Principal of the Medical College to provide adequate post-operational medical facilities to the victim free of cost and submit a report within three days so that the Court may proceed further in the matter," the Court further ordered.

It may be recalled that the rape victim had approached the Court on July 10 seeking to terminate her 25-week pregnancy. Observing that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her, the HC had requested the Vice Chancellor, of Aligarh Muslim University to direct the Principal, of Jawahar Lal Medical College, Aligarh to constitute a medical team to examine the petitioner and submit its report before the Court on July 12.

In its July 10 order, the Court had also observed that in the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy and fasten her with the 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".

Now, today a report of the medical board was submitted before the Court, perusing which, the bench came to the conclusion that the victim can be granted relief by ordering the termination of her 25 weeks of pregnancy. The Court has now posted the matter again on July 17 at the top of the list for further orders along with further medical reports of the petitioner.

It may be noted that it has been the stand of the victim that she was subjected to rape and was sexually assaulted multiple times by her neighbour, however, due to her disability to speak and listen, she could not narrate her ordeal to anyone.

The FIR in the case was lodged by the mother of the victim after she used sign language to disclose that she had been raped by the accused.

Advocate Raghav Arora appeared for the petitioner.

Case title - X vs. State Of U.P. And 4 Others [WRIT - C No. - 22016 of 2023]

Case Citation: 2023 LiveLaw (AB) 215

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