Madhya Pradesh High Court Allows Minor Rape Victim With Physical Disability To Terminate 22 Week Old Pregnancy

The Madhya Pradesh High Court has allowed a minor rape victim with some physical disability to terminate pregnancy observing that carrying the pregnancy will create great problems to her in future life.

The Court was considering a Writ Petition filed by the father of the prosecutrix seeking permission for medical termination of pregnancy of his daughter who is a rape victim.

The single bench of Justice Vishal Mishra observed, "In the present case, the petitioner is a rape victim. She was minor at the relevant time. She is suffering from some physical disability as has been pointed out in the report. Permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life. Even the other family aspects are also required to be considered."

The Petitioner was represented by Advocate Vijay K. Shrivastava, while the Respondent was represented by Government Advocate Abhishek Singh.

Facts of the Case

It was alleged that the prosecutrix was sexually assaulted and raped by accused when she was 17 years of age against which an FIR was registered. It resulted in her getting pregnant against her wishes and she was carrying a 20-22 week old pregnancy. It was argued that the petitioner being a rape victim, is having every right to get the termination of her pregnancy.

Reasoning By Court

The Court took note of the report in terms of Section 3 of the Medical Termination of Pregnancy Act, 2021 and the relevant provisions. It also noted the series of judgments in which the Supreme Court had an occasion to consider the aspect of termination of pregnancies exceeding 24 weeks and deemed it appropriate to permit the termination of pregnancy of the victim.

The Petition was accordingly disposed of.

Cause Title: Prosecutrix X vs. The State of Madhya Pradesh and Others (2025:MPHC-JBP:25691)

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