Not Permitting Pregnant Rape Victim To Go In for Medical Termination Violative Of Her Personal Liberty: Chhattisgarh High Court Permits 21-Week Pregnancy Termination

A minor victim of forcible sexual intercourse/rape had approached the High Court seeking medical termination of her pregnancy. The petitioner also sought a direction to the respondents to make all necessary arrangements to facilitate the petitioner to terminate her pregnancy and take all necessary steps required in this regard under the supervision of a medical expert.

The Single Bench of Justice Parth Prateem Sahu asserted, “In the above circumstances, this Court is of the considered view that not permitting rape victim in the present case to go in for medical termination of unwanted pregnancy would amount to compelling her to continue to bear such pregnancy for full duration and deliver the child, which would be violative of her bodily integrity, it would not only aggravate her mental trauma but would also have devastating effect on her overall health including on psychological and mental aspects. This is violative of her personal liberty, to borrow the words of the Supreme Court in Suchita Srivastava (supra), because "a woman's right to make reproductive choices is also a dimension of "personal liberty" as understood under Article 21 of the Constitution of India". In the peculiar facts of the case, her personal integrity has to be respected.”

Advocate Aman Tamboli represented the Petitioner while Govt. Advocate Upasana Mehta represented the Respondent.

Factual Background

When the writ petition came up for hearing on November 18, 2024, the Court directed the Chief Medical Health Officer to arrange a medical examination of the petitioner by a team of experts, including a Gynaecologist and to submit a report on whether termination of pregnancy could be carried out on the petitioner.

Pursuant to the said order, the petitioner was examined by three medical practitioners of the District Hospital Bilaspur and the medical report of the petitioner was placed on record along with a covering memo. The doctors, who medically examined the petitioner, opined that as gestation age was 21 weeks 1 day, therefore, the medical termination of pregnancy could be performed according to the Medical Termination of Pregnancy Act, 2021.

Reasoning

Referring to Section 3 of the Medical Termination of Pregnancy Act, 1971, the Bench explained that this provision permits termination of pregnancy by a registered medical practitioner with regard to circumstances, formed in good faith, specified in sub-clauses (i) & (ii) of sub-section (2) of Section 3 and when the length of pregnancy does not exceed 24 weeks. Explanation-I to sub-section (2) of Section 3 provides that where the pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy is to be presumed to constitute a grave injury to the mental health of the pregnant woman. “The termination of pregnancy under the provisions of the Act of 1971 is not the rule, but it is only an exception”, it added.

The Bench observed, “In the case at hand, there is no dispute that petitioner is victim of forcible sexual intercourse/rape. She is desirous of terminating pregnancy as she does not want to give birth to the child of a rapist. It is her personal choice to terminate pregnancy which the Court must respect as it is a facet of her personal liberty as has been held by the Supreme Court in case of Suchita Srivastava (supra). Continuation of pregnancy can gravely endanger her physical and mental health.”

The Bench was of the view that where the life of a pregnant woman is at risk, termination of pregnancy would be permissible despite the provision contained in subsection (2) of Section 3 of the MTP Act. The Bench took note of the fact that the report of medical practitioners of District Hospital, who medically examined the petitioner, showed that she was physically and mentally fit to undergo termination of pregnancy, which is of 21 weeks & 1 day, i.e. within the outer limit of 24 weeks prescribed in Section 3 for termination of pregnancy.

Thus, the Bench allowed the writ petition seeking permission for the medical termination of the pregnancy of the petitioner. The Bench permitted the petitioner to approach the Chief Medical Health Officer, who would ensure that the petitioner is subjected to termination of her pregnancy after completing all other requisite formalities required for the same.

Cause Title: A v. State of Chhattisgarh (Case No.: 2025:CGHC:57073)

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