Termination of Pregnancy - A minor rape victim has the right to terminate pregnancy

Chhattisgarh High Court Permits Termination of Pregnancy for Minor Rape Victim Upholding Personal Liberty, Court Allows Medical Termination Beyond Standard Gestational Limit

In a significant ruling, the Chhattisgarh High Court has permitted the termination of a 21-week and 1-day pregnancy for a minor rape victim, emphasizing the importance of personal liberty and mental health. The decision, rendered by Justice Parth Prateem Sahu, aligns with the legal provisions under the Medical Termination of Pregnancy Act, 1971, as amended, and Article 21 of the Constitution of India, which ensures the right to life and personal liberty.

The petitioner, a minor, had been a victim of forcible sexual intercourse and sought the court's intervention for the termination of her pregnancy. Medical examinations confirmed her physical and mental fitness for the procedure. The court's order recognized the grave risk to her mental and physical health if the pregnancy were to continue, thereby permitting the termination as an exception to the general rule under the MTP Act.

Section 3 of the MTP Act allows termination beyond 20 weeks in specific cases, including when the pregnancy is a result of rape, considering it as a grave injury to the woman's mental health. The court emphasized that forcing the victim to carry the pregnancy to term would violate her bodily integrity and exacerbate her trauma, thereby infringing on her personal liberty.

Referencing Supreme Court guidelines, the judgment followed the "best interests" theory, prioritizing the victim's wellbeing over societal considerations. The court mandated the preservation of the fetus's DNA sample for ongoing criminal proceedings, ensuring due legal process.

This landmark judgment underscores the judiciary's role in safeguarding reproductive rights, particularly for victims of sexual violence, within the constitutional framework.

Bottom Line:

Medical Termination of Pregnancy - A minor rape victim has the right to terminate pregnancy within the legal framework of the Medical Termination of Pregnancy Act, 1971, as amended, and refusal to allow such termination would violate her personal liberty under Article 21 of the Constitution of India.

Statutory provision(s): Medical Termination of Pregnancy Act, 1971 Sections 3, 5; Constitution of India, 1950 Article 21

A (Particulars Are Being Mentioned In The Closed Envelop Attached Herewith) v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 2815044