Chhattisgarh High Court news: The Chhattisgarh High Court has allowed the medical termination of a 25-week pregnancy of a minor sexual assault survivor, holding that forcing her to continue an unwanted pregnancy would violate her fundamental right to liberty and personal choice.
Justice Naresh Kumar Chandravanshi noted that the foetus was suffering from serious medical abnormalities and that the survivor, being a victim of sexual exploitation, carries stigma in her life, along with psychological trauma.
“The petitioner, a victim of sexual exploitation, herself carries stigma in her life,” the order on April 17 read.
The high court was hearing the plea of the minor, who was seeking relief for the termination of the pregnancy.
“Having considered the aforesaid facts, as has been stated above, it cannot be denied that continuation of pregnancy can lead to complications at a later stage on both counts, so far as the physical condition of the victim and also the psychological and mental condition of the foetus,” the Chhattisgarh High Court added.
Justice Naresh Kumar Chandravanshi took into consideration that the petitioner, a survivor of sexual exploitation herself, carries stigma in her life.
Foetus with medical issues
The Chhattisgarh High Court noted that the medical report shows that a team of doctors has opined that the petitioner is carrying a pregnancy of 25 weeks, but she is fit for the termination of pregnancy.
The court also took into consideration that the petitioner, a survivor of sexual exploitation herself, carries stigma in her life.
It has also been reported by the medical board that the foetus is suffering from various ailments and therefore, if it is delivered, it may suffer from physical and mental problems.
The court noted that it is not that termination of pregnancy is impermissible at all, but rather it is permissible in some circumstances.
It was further noted that she does not want to carry on her pregnancy and deliver a child.
It has also been reported that the foetus is suffering from various ailments, and if it is permitted to be delivered, then it may suffer from physical and mental problems.
It has also been reported by the doctor that the victim/petitioner is fit for the termination of pregnancy.
The Chhattisgarh High Court allowed the petition seeking permission for the medical termination of the petitioner’s pregnancy.
The court permitted her to approach the chief medical and health officer along with her guardian, who, in turn, should ensure that the petitioner’s pregnancy is terminated as per the provisions of the relevant laws after completing all the other requisite formalities required for the same and provide proper medical facilities.
The chief medical and health officer is further directed that the termination of pregnancy of the petitioner be done under the supervision of at least two doctors, including a specialist doctor in the field of the department of gynaecology, ensuring that the DNA sample of the foetus shall also be taken and preserved for further evidence of the criminal case.
The Chhattisgarh High Court directed that the procedure be conducted without any further delay.
Assault, pregnancy and termination plea
It was placed on record that the minor was sexually exploited by the accused, follwing which her cousin lodged an FIR for the offence under the Bharatiya Nyaya Sanhita, 2023 and the Protection of Children from Sexual Offences Act, 2013.
Following this sexual assault, the minor is carrying a pregnancy of 24 weeks, which was reported by the doctor in a medical examination which got conducted by the police.
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The high court noted that a team of two doctors, in a report of April 2026, submitted that the victim was carrying a pregnancy of 25 weeks and one day.
They have also reported that the foetus is suffering from atrioventricular septal defect, absent stomach bubble and abnormal abdominal vessel arrangement.
They have further reported that the victim is fit for the termination of pregnancy. However, she has to suffer physically and mentally in relation to the termination of her pregnancy.
Since the period of pregnancy of the victim was reported to be more than 24 weeks, a report was sought from the medical board.
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Arguments
Appearing for the survivor, advocate Basant Dewangan argued that she does not want to carry on the pregnancy and deliver a child, and she has filed an instant petition seeking permission of this court for termination of her pregnancy.
It was submitted before the court that the pregnancy of the child may be detrimental to the life of the petitioner and may also have significant physical, emotional, social and economic consequences to her.
Government advocate Sabyasachi Choubey submitted that the minor petitioner was sexually exploited and she has conceived, but she does not want to carry on her pregnancy.
He added that it may be presumed that if permission is not granted, then it would cause grave injury to the mental health of the petitioner.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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Justice Naresh Kumar Chandravanshi took into consideration that the petitioner, a survivor of sexual exploitation herself, carries stigma in her life.