Court says can’t force minor rape survivor to give birth, allows abortion at 28 weeks

“This Court cannot lose sight of the fact that petitioner was a minor when she was allegedly kidnapped and subjected to sexual exploitation. To compel such a victim to continue with the pregnancy against her wishes would amount to subjecting her to further trauma and would seriously impinge upon her bodily integrity, dignity, privacy and reproductive autonomy, all of which are facets of the right to life guaranteed under Article 21 of the Constitution of India,” the court said on July 3.

The case relates to a minor girl who was allegedly sexually assaulted in December 2025. According to the petition, she did not disclose the incident to her family because she had been threatened. The pregnancy came to light only in June 2026 after she complained of severe stomach pain and was taken to a hospital.

An ultrasound scan revealed that she was pregnant, prompting her family to approach the police. A First Information Report (FIR) was subsequently registered under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.

Justice Amitendra Kishore Prasad directed that the minor be admitted to a hospital equipped to perform the procedure within one week.

Medical exam reveals pregnancy

The petition stated that the girl was only 14 years and six months old when the pregnancy was detected. Her counsel submitted that continuing the pregnancy would expose her to significant physical, emotional, social and economic consequences and that she had clearly expressed her desire not to continue with it.

Considering the urgency, the high court on June 29 directed a medical board to examine the girl’s physical and mental condition, stage of pregnancy and condition of the foetus, and report whether termination of the pregnancy would pose a greater risk.

The board submitted its report on July 1, stating that the girl was 28 weeks and five days pregnant. It noted that although she was physically and mentally healthy at the time of examination, termination at such an advanced stage carried risks such as excessive bleeding, cervical and perineal injuries, and infection. The board also cautioned that continuing the pregnancy could lead to pregnancy-related complications and expose the victim to further physical and psychological suffering.

The state government supported the petition, stating before the court that denying permission would cause grave injury to the mental health of the minor.

Reproductive autonomy

• After examining the Medical Termination of Pregnancy Act, 1971, as amended in 2021, the high court said the law expressly permits termination under specified circumstances and recognises the serious mental trauma suffered by rape survivors.
• Referring to Explanation 2 appended to Section 3 of the Act, the court said the law creates a statutory presumption that pregnancy resulting from rape causes grave injury to the mental health of the pregnant woman.
• The trauma arising from sexual assault, coupled with the social, emotional and psychological consequences of an unwanted pregnancy, has a profound impact on the victim’s life and future, the court said.
• The judge noted that the victim had voluntarily and consciously expressed her desire not to continue with the pregnancy.
• The law presumes that the pregnancy has caused serious mental distress to the petitioner, and hence there is no legal obstacle to allowing the medical termination of the pregnancy, the court held.

Supreme Court rulings

The high court referred to several Supreme Court judgments recognising a woman’s reproductive autonomy as an inseparable part of her right to life and personal liberty under Article 21.

It cited recent decisions holding that constitutional courts may permit termination even beyond the statutory gestational limit where compelling circumstances exist, particularly in cases involving rape survivors and minor girls. The court also noted the Supreme Court’s observation that no woman, much less a child, can be compelled to complete an unwanted pregnancy against her wishes merely because the pregnancy has progressed.

‘Provide specialists, all facilities’

Allowing the petition, the high court directed that the minor be admitted within one week to the district hospital or any other government hospital equipped to perform the procedure.

The court ordered that the medical termination be carried out strictly in accordance with the MTP Act by a team comprising at least two gynaecologists and a surgeon, along with other necessary specialists. It directed that informed consent be obtained from the victim, while also obtaining the concurrence of her father or guardian.

The chief medical and health officer was further directed to provide ambulance facilities, coordinate the procedure, ensure complete pre-operative and post-operative medical care, maintain the girl’s privacy and confidentiality, and preserve foetal tissue and DNA samples for use in the pending criminal investigation, if required. The court also ordered that a compliance report be submitted before the high court after completion of the procedure.