‘Against her liberty’: Chhattisgarh High Court allows rape survivor with mental illness to abort 23-week pregnancy

Justice Naresh Kumar heard the matter on April 21.

Termination of pregnancy allowed: Court

“It is evidently clear that the termination of pregnancy is not impermissible,” the Chhattisgarh High Court said, observing that Section 3 under the Medical Termination of Pregnancy Act, 1971, provides for termination of pregnancy by a registered medical practitioner under the circumstances, as provided therein.

The court took note of the existing complications in the pregnancy due to missed medical assistance, prenatal check-ups, and proper care of the survivor in the early stages, causing potential risk to her physical condition and the psychological and mental condition of the foetus.

In the light of the medical report and the settled legal precedents, the Chhattisgarh High Court ruled that forcing the petitioner to carry an unwanted pregnancy would cause grave harm to her physically and mentally. 

Allowing the petition, the court observed that it was appropriate to grant permission for the medical termination of the pregnancy, prioritising the petitioner’s long-term physical and psychological well-being over the continuation of a pregnancy resulting from an alleged traumatic offence.

Pregnancy detrimental to survivor’s life 

Advocate Gajendra Kumar Sahu, on behalf of the petitioner, submitted that her 23-week pregnancy was a result of sexual exploitation, which a doctor had reported in the medical examination.

The FIR in the incident was registered on March 30 under the relevant sections of the Bhartiya Nyaya Sanhita (BNS), 2023, against the accused for sexually exploiting the petitioner, which resulted in her pregnancy.

Sahu argued that the pregnancy could affect the petitioner’s life, and would have significant physical, social and financial consequences. Therefore, she had filed a petition through her sister-in-law seeking permission from the court to terminate her pregnancy.

Advocate S S Baghel, for the state, submitted that the petitioner was sexually exploited and she does not wish to carry on her pregnancy. Denying its termination would cause grave injury to her mental and physical health, as she herself is mentally ill, he added.  

Medical report

On the Chhattisgarh High Court’s direction, a medical board of eight doctors of the Government Hospital Komaldev reported on April 18, 2026, that the survivor was 23 weeks and 3 days pregnant as of April 17.

Upon perusal of the aforesaid report, the medical team also reported that due to missed health checkups and medical assistance during the early stages of pregnancy, the child to be born may have physical and mental problems. 

Termination allowed

The survivor was permitted to appear before the chief medical and health officer, Kanker, along with her guardian, provided that it would be ensured that the termination occurs as per the provisions of the 1971 Act, after completing all the other requisite formalities with proper medical facilities.

The chief medical and health officer was directed that the petitioner’s termination be done under the supervision of at least two doctors, including a specialist in the Department of Gynaecology, ensuring that the DNA sample of the foetus is preserved for further evidence in the case.