MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case

The Madhya Pradesh High Court, Gwalior Bench recently held a girl and her father guilty of obtaining an order for termination of pregnancy on the false pretext that the Prosecutrix was raped. The Court also held them guilty for non-appearance before the Court and continuously changing their stance during the course of the contempt proceedings. Holding them guilty on two counts of contempt, Justice G.S. Ahluwalia lamented at the "sorry state of affairs" as the Court was misused to illegally obtain an order for abortion- This case shows a very sorry state of affairs, where some people in order to get rid of unwarranted pregnancy due to voluntary relationship with a close relative, have misused the lawful authority of this Court, by adopting a very innovative method. It is a very high time to put a check on this type of tendency, because the purpose of Medical termination of Pregnancy Act, 1971 is to provide for the termination of certain pregnancies by registered medical practitioners and for matters connected therewith or incidental thereto. Only specific pregnancies are to be permitted to be ended by licensed medical professionals. The primary objectives of the Act are also to reduce the death rate of women from unsafe and illegal abortions and to optimize the maternal health of Indian women. Only after this legislation, women are entitled to have safe abortions, but only under specific circumstances. However, the lawful authority of High Court cannot be permitted to be misused to terminate the unwarranted pregnancy by hiding the identity of the biological father of the child. Facts of the case were that the father of the Prosecutrix had earlier approached the Court praying that her minor daughter be allowed to terminate her pregnancy as she was a victim of rape. The Court eventually allowed the petition and accordingly, the Prosecutrix underwent the procedure of abortion. Later, the accused in the case moved a bail application before the Court on the ground that the Prosecutrix and her father had turned hostile before the trial court. While dismissing the bail application, the Court noted that considering their testimonies before the Court, the Prosecutrix and her father obtained the order of abortion by making "incorrect averments", because of which, "one unborn baby was killed". Thus, by exercising its power under Article 215 of the Constitution of India, the Court initiated suo moto contempt proceedings against them. First Count of Contempt Upon examining the submissions of parties and the material on record, including the medical reports and the testimonies, the Court discovered that the Prosecutrix and her father withheld substantial facts. The Court noted that the DNA report reflected that the biological father of the foetus was one cousin of the Prosecutrix and not the main accused. Perusing the testimonies of other witnesses, the Court observed that the Prosecutrix had a consensual relationship with her cousin and that she and her father tried to hide it by not filing a case against him. The Prosecutrix could not have undergone the medical procedure without the permission of the Court since she was a minor. Hence, it was the father who had to file the petition. Although, being cognizant of the said fact, the Court opined that the Prosecutrix could not be absolved. The Court observed that she might have not filed the petition but took advantage of the order to "kill the unborn baby" by misusing the authority of the Court, which otherwise would have been an offence. The Court rejected the defence taken by the father of the Prosecutrix that he had turned hostile before the trial court to save the marriage of the Prosecutrix. Scrutinising the police report, the Court noted that people within the known circle of the Prosecutrix were well aware of the fact the she had eloped with someone and had gotten pregnant. Furthermore, nothing was brought on record to prove that the Prosecutrix was indeed married. The Court, thus, concluded that the father was playing the "emotional card", which was nothing but an "after thought with a solitary intention to paint himself as a helpless father." Holding that they had suppressed material facts, the Court directed the police to register a case against the father and daughter- Further, the prosecutrix deliberately suppressed her physical relationship with BY, who is her cousin brother. As per DNA test report, BY is the biological father of the fetus. Thus, the prosecutrix and her father were suppressing entire facts right from the very beginning. Thus, this Court is of the considered opinion, that W.P. No. 5723/2021 was filed by suppressing correct facts with a solitary intention to avoid criminal liability of killing an unborn baby. Therefore, the prosecutrix, her father and others are liable for committing offence under Section 201,315,316 of IPC also. Therefore, the...

MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case

Zeeshan Thomas

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