Rajasthan High Court Denies Termination Of 32 Weeks Old Pregnancy Of Hearing And Verbally Impaired Minor Rape Survivor

The Rajasthan High Court has denied permission for medical termination of 32- week old pregnancy to hearing and verbally impaired minor rape survivor.

The Court was considering a Writ Petition seeking permission to allow the Petitioner to terminate her pregnancy, which was stated to be of 32 weeks, as per the report of the Medical Board of Government District Hospital, Baran.

The Bench of Justice Anoop Kumar Dhand observed, "In the instant case, Medical Board of five Doctors was of the opinion that the petitioner is carrying pregnancy of 32 weeks and termination of such pregnancy is not advisable. As per the opinion of the Board, it would not be safe and would be life threatening to the mother due to advance gestational age and considering the age of the minor victim and looking to overall facts and circumstances, the passage of time and delay caused in approaching this Court, which is on the part of the petitioner, has only further aggravated the said aspect."

The Petitioner was represented by Advocate Sonia Shandilya, while the Respondent was represented by Advocate Yash Joshi.

Facts of the Case

The Minor victim approached the Court stating that an FIR was lodged by her father against the accused at the Police Station Atru, District Baran, wherein it was alleged that the Petitioner is a deaf and dumb girl of 17 years of age and she was subjected to rape by the accused. The FIR was registered with the Police Station for the offence punishable under Section 64(2)(h) and (m) of the Bharatiya Nyaya Sanhita, 2023 and under Section 5l, 5j(ii) and 6 of the Protection of Children from Sexual Offences Act. It was averred that the child is being conceived as a result of rape committed on the minor victim and she does not intend to give birth to such child, which would be a constant reminder to her about the atrocities committed on her. The same was stated to be not good for physical and mental health as well as social well-being of the Petitioner.

The Counsel referred to the Supreme Court's decision in A (Mother of X) vs. State of Maharashtra and Anr. wherein it had granted permission for termination of pregnancy.

Reasoning By Court

The Court pointed out that the maximum period which has been prescribed under Section 3 of the Medical Termination of Pregnancy Act is 24 weeks, wherein, permission from the Court is not required and such termination can be done by the registered practitioner looking to the overall health condition of the person seeking such termination. It further pointed out that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman. 

It stressed that the MTP Act recognizes the autonomy of the pregnant woman and respects her right to choose the course of her life. However, it went on to cite recent ruling of the Supreme Court in  X v. Union of India, Writ Petition (Civil) No.1137/2023 wherein the Court refused to grant permission for termination of pregnancy, where the lady was carrying 28 weeks pregnancy

"Even recently in two cases, this Court has declined the permission for termination of pregnancy to minor victims of rape of similar age as of the petitioner and passed order for their safe delivery", the Court observed as it declined to rule in favour of the Petitioner.

The Petition was accordingly disposed of.

Cause Title: Victim (Minor) vs. State of Rajasthan

Appearances:

Petitioner: Advocate Sonia Shandilya

Respondents: Advocate Yash Joshi, Additional Advocate General Vigyan Shah

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