‘Can’t ask child to raise another child’: Gujarat High Court allows 16-year-old rape survivor to end 22-week pregnancy
The Gujarat High Court said pregnancies arising from rape are presumed to cause grave mental injury. It referred to earlier judgments affirming that right to reproductive choice is a core facet of a female's fundamental rights.
The Gujarat High Court had earlier directed a government hospital in Ahmedabad to set up a medical board to examine the survivor and assess the feasibility of termination. (AI-generated image)
Gujarat High Court news: Emphasising a survivor’s right to bodily integrity and mental health, the Gujarat High Court has authorised the medical termination of a 22-week pregnancy for a 16-year-old rape survivor and said that forcing the minor to continue the pregnancy would amount to asking a child to give birth and raise another child.
Justice M R Mengdey was hearing a special criminal application filed by the minor through her guardian, seeking permission under the Medical Termination of Pregnancy (MTP) Act, 1971.
Justice M R Mengdey underscored that compelling a minor rape survivor to carry a pregnancy to term would amount to denying her the right to live with dignity.
“It would not be appropriate to expect the minor victim who is a rape victim to take the burden of giving birth and raising a child, especially in a situation where she herself is passing through the age of adolescence. Doing so will amount to asking a child to give birth and raise another child,” the Gujarat High Court said on April 30, referring to Supreme Court verdicts.
The Gujarat High Court took note that Article 21 of the Constitution of India, dealing with the right to life, invariably includes a life lived with dignity.
The child is a victim of rape. Termination of pregnancy in cases like the present one cannot be reduced merely to the right of a woman is sexually assaulted.
But it is also to be recognised as a human right, as it affects the dignified existence of a survivor if the same is not permitted.
It is not the privacy of the rape survivor that is invaded by sexual assault, but her body is wounded, and her soul is scarred.
Given the social, financial, and other factors that are immediately associated with the pregnancy, an unwanted pregnancy would surely have an impact on the survivor’s mental health.
Medical board report, court proceedings
The case stemmed from a First Information Report (FIR) registered on March 26, alleging rape. The Gujarat High Court directed a government hospital in Ahmedabad to constitute a medical board to examine the survivor and assess the feasibility of termination.
The board, comprising specialists, submitted its report on April 29, which confirmed that the minor was carrying a single live intrauterine foetus of approximately 22 weeks and 4 days. It further opined that termination could be safely carried out, albeit with the “usual risks” associated with second-trimester procedures.
Taking note of the report, the Gujarat High Court observed that the medical opinion supported the survivor’s plea and fell within the legal framework permitting termination up to 24 weeks in cases involving minors and survivors of sexual assault.
Court’s observations on mental trauma
The Gujarat High Court placed significant reliance on established legal principles recognising the mental anguish caused by pregnancies resulting from rape.
It noted that such trauma is presumed under the MTP Act to constitute grave injury to a woman’s mental health.
Referring to precedents, the court underscored that compelling a minor rape survivor to carry a pregnancy to term would amount to denying her the right to live with dignity under Article 21 of the Constitution.
It also highlighted that reproductive choice forms an inseparable part of personal liberty.
The Gujarat High Court further observed that beyond physical implications, the survivor would face continuing psychological distress and potential social stigma, which justified immediate intervention in her “best interest.”
Directions for immediate medical care
Allowing the petition, the Gujarat High Court issued detailed directions to ensure the procedure is carried out safely and without delay.
The survivor was permitted to undergo medical termination of the pregnancy at a hospital in Ahmedabad.
A team of senior gynaecologists, along with a psychologist, was directed to evaluate and proceed with the termination urgently.
The hospital was instructed to provide comprehensive pre- and post-operative care.
Recognising the needs of the criminal investigation, the Gujarat High Court also directed doctors to preserve foetal tissue samples for DNA analysis and hand them over to the investigating officer.
The Gujarat High Court also laid down safeguards addressing potential outcomes of the procedure:
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If the child is born alive, the hospital must ensure the best available medical treatment.
If the survivor is unwilling to assume responsibility, the state must take over the child’s care in accordance with the Juvenile Justice law.
Legal framework, precedents
The Gujarat High Court relied on Supreme Court rulings interpreting the MTP Act as a progressive law that prioritises a woman’s autonomy and mental well-being.
It reiterated that pregnancies arising from rape are legally presumed to cause grave mental injury, thereby justifying termination within the statutory limits.
The court also referred to earlier judgments affirming that a woman’s right to make reproductive choices is a core facet of her fundamental rights.
Vineet Upadhyay is an Assistant Editor with The Indian Express, where he leads specialized coverage of the Indian judicial system.
Expertise
Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including:
Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability.
Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters.
Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights.
Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More
Justice M R Mengdey underscored that compelling a minor rape survivor to carry a pregnancy to term would amount to denying her the right to live with dignity.