HC allows woman to end pregnancy: ‘When caused by rape, it will affect her mental health adversely’

On April 10, 2023, her statement was recorded under Section 164 of CrPC wherein she said that the accused kidnapped her and raped her. Following which Sections 376 (2) (n) (rape), 506 (criminal intimidation) and 365 (kidnapping or abducting with intent secretly and wrongfully to confine person) of IPC were added to the FIR. She then filed a plea in the HC seeking termination of her pregnancy.

Her counsel contended that provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 (MTP Act) and the status report filed by the state coupled with the report of the Board of Doctors, the writ petition deserves to be allowed and a direction deserves to be issued to the respondents to get the pregnancy of the petitioner terminated.

Referring to the provisions of Section 3 of the MTP Act, as amended by the MTP (Amendment) Act, 2021 (8 of 2021), which provides for when pregnancies may be terminated, the Bench of Justice Vikram Aggarwal said, “…where the length of the pregnancy does not exceed 20 weeks and the continuance of such a pregnancy would involve a risk to the life of the pregnant woman or of grave injury to her physical or mental health and further wherein a pregnancy has been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman, the same may be terminated. It, therefore, essentially means that the case of the present petitioner is covered by the provisions of Section 3 of the MTP Act…” On finding that the woman was 26 years old and that the foetus as on June 10, 2023, was 10 weeks five days old, the HC disposed of the petition. The court also directed Haryana/ Medical Superintendent, PGIMS, Rohtak, to make immediate arrangements for the medical termination of her pregnancy in accordance with provisions of the MTP Act.