Madhya Pradesh High Court emphasizes the primacy of consent and privacy for minor rape victims in pregnancy decisions.
In a landmark decision, the Madhya Pradesh High Court has ruled that a minor rape victim, carrying a pregnancy of over 29 weeks, cannot be compelled to terminate her pregnancy if she chooses otherwise. The judgment underscores the importance of the victim's consent and the protection of her privacy and welfare, setting a precedent in cases involving the reproductive rights of minors.
Presided over by Justice Vishal Mishra, the court was presented with the peculiar situation of a young victim, who, despite the legal provisions permitting termination of pregnancies up to 24 weeks under the Medical Termination of Pregnancy (Amendment) Act, 2021, expressed a clear desire to continue with her pregnancy. The court acknowledged her decision, emphasizing that her consent is paramount and cannot be overridden by any entity, including the state.
The case came to light following a suo moto cognizance based on a letter addressed to the Registrar General, as directed by a division bench in another case earlier this year. The victim, having solemnized marriage with the accused, explicitly stated her wish to proceed with the pregnancy, a decision supported by the Child Welfare Committee's counselling report. Despite her parents disowning her, the court was steadfast in ensuring her autonomy in making reproductive choices.
Justice Mishra highlighted that the legislative intent of the MTP Act prioritizes the health and consent of the pregnant individual, reiterating that the right to make reproductive choices is a facet of the right to privacy and dignity as enshrined in Article 21 of the Indian Constitution. The court drew upon previous judgments, including Suchita Srivastava v. Chandigarh Administration and A v. State of Maharashtra, which have reinforced the autonomy of individuals in making decisions about their own bodies.
In its directives, the court mandated that the victim be cared for by the Child Welfare Committee until she reaches the age of majority. It also ordered the state to cover all delivery-related expenses and to ensure the victim's privacy, prohibiting any publication of information that could lead to her identification.
This decision not only upholds the rights of the minor victim but also sends a strong message about the importance of consent and privacy in the reproductive rights of women and girls, marking a significant step in the judicial interpretation of the MTP Act and the constitutional rights of individuals.
Bottom Line:
A minor rape victim, carrying pregnancy of more than 29 weeks, cannot be compelled to terminate her pregnancy if she refuses to consent to the termination and wishes to continue with the pregnancy. Protection of the victim's privacy and welfare is paramount.
Statutory provision(s): Medical Termination of Pregnancy (Amendment) Act, 2021 Section 3(2-B), Constitution of India, 1950 Article 21
Prosecutrix X v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2829127
