Justice Bibhu Datta Guru, Chhattisgarh High Court
Can’t Be Compelled To Give Birth: Chhattisgarh HC Permits Minor Rape Victim To Terminate 24 Weeks’ Pregnancy Citing Mental Injury
|The Chhattisgarh High Court allowed the Writ Petition for termination of pregnancy of a minor rape victim, which had crossed 24 weeks of gestational age.
The Court said that the victim cannot be compelled to give birth to a child of rapist.
A Single Bench of Justice Bibhu Datta Guru observed, “A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist.”
Advocate Basant Dewangan appeared for the Petitioner/victim while Deputy Advocate General (DAG) Praveen Das appeared for the Respondent/State.
Facts of the Case -
A minor victim of rape sought permission to terminate her pregnancy, which exceeded 24 weeks of gestation period. The victim was a minor who became pregnant due to a forcible sexual intercourse. She wanted to abort her pregnancy as she did not want to have a child born out of a person who allegedly ravished her without her consent. Resultantly, the victim filed a Petition seeking a direction to the authorities to form a panel of expert Medical Practitioners for the purpose of termination of her pregnancy. Earlier, the High Court had summoned for a report from the Chief Medical & Health Officer/Civil Surgeon, Raigarh. In compliance of the said Order, the said authority examined the victim and submitted the report before the Court.
The Medical Termination of Pregnancy Act, of 1971 regulates the conditions under which pregnancies can be legally terminated in India. It permits abortion up to 20 weeks (extendable to 24 weeks in specific cases) under circumstances like risks to the woman’s health, fetal abnormalities, or pregnancies due to rape or contraceptive failure.
The High Court in view of the facts of the case, noted, “The victim of rape must be given that much of liberty and right to decide whether she should continue with the pregnancy or she should be permitted to terminate the pregnancy. … In the facts of the case in hand, it is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy.”
The Court, therefore, directed that the victim be admitted to the Hospital (with ICU facilities), and thereafter, the authority concerned shall depute expert registered Medical Practitioners to cause termination of her pregnancy by obtaining consent of the victim and her parents.
“The DNA sample of the fetus shall be preserved for further reference as the criminal case against the accused is pending”, it further ordered.
Accordingly, the High Court allowed the Writ Petition and permitted termination of the victim’s pregnancy.
Cause Title- ABC Through Natural Guardian XYZ (Minor) v. State Of Chhattisgarh & Ors. (Neutral Citation: 2025:CGHC:141)