Allahabad High Court Flags Delayed Pregnancy Detection In Rape Cases, Says SOPs For MTP Upto 24 Weeks Not Effectively Implemented

Recently, while dealing with a suo moto public interest litigation arising out of writ petition whereby a POCSO victim sought termination of pregnancy, the Allahabad High Court observed that though Standard Operating Procedures are in place for medical termination of pregnancies upto 24 weeks, the Courts are still faced with petitions which are filed by rape victims who often gain knowledge of the pregnancy at delayed stages. The bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla observed “Since law permits termination of such pregnancies up to 20 and not more than 24 weeks, arising from the peculiar and unfortunate circumstances arising from a heinous occurrence of rape, often knowledge of pregnancy is gained/disclosed late and sometimes perhaps due to lack of understanding and knowledge of the laws and the procedures, precious time is lost to the victims and their families. They turn up late. Wherever time permits, the Court has regularly provided urgent measures to grant appropriate relief or to pass appropriate orders in such petitions. However, despite the SOP being put in place, the flow of petitions has not come to an end.”The PIL was registered by the Court for dealing with the concerns regarding care to be provided to rape victims and those faced with unwanted pregnancies. Noting that law and SOPs existed in the State of UP showing the willingness of the State to comply with the law, the Court observed that despite that the individuals were approaching the Court in writ jurisdiction to terminate such unwanted pregnancies. The Court observed that there are flaws in execution of the SOPs enacted by the State. It observed that while prosecuting successfully, the police authorities often ignore the human aspect of the case and victim's rights are often ignored. It further noted that the State must have schemes for the victims where they chose to carry their pregnancies full term and also, in cases where they may want to give the child for adoption. Compensation to the victims and preservation of foetus for trial were also highlighted by the Court. “In short, while at present, we are not proposing any specific new measure to be adopted by the State-either to provide for enhanced compensation etc., we do feel that the State must have a comprehensive policy, complete with procedural details and effective monitoring at all levels, to be applied from the point of the rape being first reported or unwanted pregnancy being first reported to the point of medical termination of pregnancy is offered and/or the victim treated for the same.”Further, it observed that “Unless nodal authorities are provided in conjunction with other professionals and officers and agency such as an expert Counselor who may counsel the victim as also her family, if required as to the options available with respect to termination of pregnancy etc. as also the probationary officers and medical experts, from the point of the occurrence of rape being reported, the desire of the State to take care of such unfortunate citizens, may remain unfulfilled.”The Court noted that measures must be provided to avoid breaching the limit of 24 weeks including providing the victims with pregnancy tests so that the option to keep or terminate the pregnancy can be exercised within the limit of 24 weeks. In regard for the above, the court sought affidavit of Principal Secretary, Medical Health and Family Welfare, U.P. which department takes care of Women and Child Health. The case is directed to be listed on 13.03.2026.Click Here To Read/Download Order

Allahabad High Court Flags Delayed Pregnancy Detection In Rape Cases, Says SOPs For MTP Upto 24 Weeks Not Effectively Implemented

Upasna Agrawal

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