Rape survivor can terminate pregnancy, says Allahabad HC
LUCKNOW: The Allahabad High Court has ruled that a victim of sexual assault has the legal right to terminate her pregnancy medically, emphasising that forcing her into motherhood would violate her dignity and fundamental rights.
A two-judge bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar made the observation while hearing the petition of a 17-year-old rape survivor seeking medical termination of her pregnancy.
Citing Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, the court stated, “In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy
and fastening 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.”
The petitioner had allegedly been lured by the accused to elope with him. Following a complaint by her father, she was found and subsequently underwent medical examination for acute stomach pain, where it was revealed that she was three months and fifteen days pregnant.
Her counsel argued that she had been raped multiple times and that an investigation had been requested before the sessions court. Since she was now 19 weeks pregnant, the petition stated that the pregnancy was causing her mental anguish and was detrimental to her well-being. It was also pleaded that, as a minor, she did not want the responsibility of bearing a child.
Referring to Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (as amended in 2021), the court noted that the law permits termination of pregnancy up to 24 weeks for survivors of sexual assault, rape, or incest, as well as for minors.
Citing previous Supreme Court and Delhi High Court rulings in similar cases, the bench observed, “To force the victim to give birth to the child of a man who sexually assaulted her would result in unexplainable miseries.”
The court in its order, directed the authorities concerned to conduct the medical examination of the petitioner on the same day by a three-member medical committee. The court ultimately granted the petitioner the choice to proceed with the termination if she so wished.
