Forcing Sexual Assault Victims To Bear Assaulter’s Child Violates Their Right To Dignity: Allahabad HC
"To force the victim to give birth to child of a man who sexually assaulted would result in unexplainable miseries," the Bench observed.
The Allahabad High Court has reaffirmed the right of sexual assault survivors to seek medical termination of pregnancy under Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, 1971.
The Court held that compelling a victim to bear the child of her assaulter would exacerbate her suffering and violate her right to live with dignity.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar held, “In the case of sexual assault, denying a women right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother. Section 3(2) of the MTP Act reiterates that right of a woman.”
"To force the victim to give birth to child of a man who sexually assaulted would result in unexplainable miseries," the Bench added.
Advocate Man Mohan Mishra appeared for the Petitioner, and Additional Government Advocate (AGA) G.P. Singh appeared for the Respondent-State.
Facts of the Case
The petitioner, a 17-year-old girl, was allegedly lured and taken away by the accused. Following a complaint by her father, she was located and later found to be three months and 15 days pregnant during a medical examination for acute stomach pain. Her counsel alleged that she had been raped multiple times, and a request for investigation was pending before the Sessions Court.
Now 19 weeks pregnant, the petitioner pleaded that continuing the pregnancy was causing severe mental distress and that, as a minor, she did not wish to assume the responsibility of motherhood.
Legal Provisions Allow Termination for Rape Survivors and Minors
The Court referred to Rule 3B of the Medical Termination of Pregnancy Rules, 2003 (as amended in 2021), which permits termination of pregnancies up to 24 weeks for survivors of sexual assault, minors, or cases involving incest. It also cited Explanation 2 to Section 3(2)(b) of the MTP Act, which presumes that a pregnancy resulting from rape causes mental anguish to the survivor.
Noting that the Supreme Court and Delhi High Court have permitted medical termination in similar cases, the Bench asserted that the petitioner has the fundamental right to decide whether to continue the pregnancy.
Urgent Medical Examination Ordered
Recognizing the urgency of the matter, the Court directed the immediate medical examination of the petitioner by a three-member medical committee on the same day. The case has been scheduled for further hearing on February 11, at 11 am.
"Considering the urgency in the matter and taking humanitarian view as the petitioner is a 17 years rape victim, we request the Chief Medical Officer, Bhadohi to constitute a Three-Members Team headed by Department of Obs & Gynae; Department of Anaesthesia and Department of Radio Diagnosis to examine the petitioner today i.e. 10.02.2025 qua her health, status of fetus qua termination of pregnancy and submit a report before this Court in sealed cover on 11.02.2025 through Sri G.P. Singh, learned A.G.A.-I. The District Magistrate, Bhadohi is directed to ensure that the victim alongwith her parents may appear before the Medical Board on 10.02.2025 at 5 PM. Put up this matter again as fresh on 11.02.2025 at 11 AM," the Bench ordered.
Cause Title: Xxxxxx v. State Of Uttar Pradesh And 2 Others [Criminal Misc. Writ Petition No. - 2701 of 2025]
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