Chhattisgarh High Court allows rape survivor to terminate 16-week pregnancy: ‘She must have a right to decide’
The Chhattisgarh High Court was hearing a plea filed by a woman seeking to medically terminate her pregnancy.
Chhattisgarh High Court held that “victim of rape must be given right to decide whether to continue with the pregnancy" (AI Generated Image) Encouraging female bodily autonomy, the Chhattisgarh High Court has held that “victim of rape must be given that much of liberty and right to decide whether she should continue with the pregnancy or she should be permitted to terminate the pregnancy” and permitted the survivor for abortion of a 14-16 week pregnancy in addition to providing her with requisite assistance.
Justice Narendra Kumar Vyas was hearing a plea filed by a survivor of sexual assault, seeking intervention of the court and the authorities for abortion as the pregnancy was caused as a result of the said incident.
Justice Narendra Kumar Vyas observed that the survivor was carrying a 14–16-week pregnancy and unless a judicial order directing termination was made, termination of pregnancy might not be possible.
‘Humility and embarrassment’
- The survivor suffered a forced sexual intercourse committed with her by the accused.
- As a result of said forced intercourse, the survivor got pregnant.
- The survivor wanted to abort, as the said pregnancy had caused her anguish and she did not want to have a child from a person who had abused her, disregarding her consent and had subjected her to “humility and embarrassment before the society”.
- The survivor came before the court on May 15, seeking a direction to the authorities to form a panel of expert medical practitioners for the purpose of termination of her pregnancy.
- The Chhattisgarh High Court by order dated May 19, directed the authorities to get the survivor examined by a team of experts one of which was directed to be a Gynecologist and to submit a report in terms of the Medical Termination of Pregnancy Act, 1971.
- In compliance with the said direction, the authority examined the survivor and submitted their report having mentioned that the survivor is carrying 14-16 weeks pregnancy.
‘Continuation of pregnancy can pose severe mental injury’
After hearing the contentions of advocates Amit Xalxo and Chitendra Singh appearing on behalf of the survivor along with submissions presented by Deputy Government Advocate Shobhit Mishra, the bench considered the judgments of the Supreme Court concerning medical termination of pregnancy.
Plea allowed
The Chhattisgarh High Court held that the survivor of a forced sexual intercourse should be given the autonomy and the right to determine if she should continue with the pregnancy or be permitted to terminate the same.
The court continued to observe that according to reports, the survivor was carrying a 14–16-week pregnancy and unless the judicial order directing termination was made available, it might not be possible for the doctors to proceed with termination of pregnancy.
Considering the facts, circumstances and the gestational age of the pregnancy, the survivor was directed to be admitted to a government hospital, and the authorities were ordered to assign expert registered medical practitioners to cause termination of survivor‘s pregnancy by obtaining consent of the survivor/ her parents.
Due to the pending criminal proceedings against the accused, the Chhattisgarh High Court directed the authorities to preserve the DNA sample of the fetus for future reference.
‘Kidnapped twice and raped’
In an unrelated case, the Orissa High Court directed authorities to provide complete medical treatment, nutrition, and care free of cost for the safer delivery of the baby on hearing the plea of a minor and her parents who had initially sought medical termination of the pregnancy, but during the course of proceedings, they decided to carry the baby to term, considering medical opinions against it.
In the said case the minor girl was allegedly kidnapped twice by the same accused in June and August 2025, sexually assaulted, and later rescued by the police where at the said time of rescue, when she was medically examined and found to be pregnant. Plea was then filed by the minor and her parents who had initially sought medical termination of the pregnancy.
However, the medical report upon the said pregnancy advised against abortion, considering her age and that the pregnancy was in an advanced stage of 30 weeks and 4 days with a viable fetus.
The court had noted that, “the mother of the victim, keeping such a high risk involved in termination of pregnancy, has opted at her choice, along with the minor girl, to continue with the pregnancy till safer delivery of the baby upon completion of the gestational period, and they have filed a memo expressing their consent.”
It was taken into consideration by the court that the doctor had opined that the medical termination of pregnancy at an advanced stage involved several risks including that of delivery of a dead baby, which would pose a greater risk to the mother than continuation of the pregnancy, including the possibility of maternal death.
Considering the circumstances and the economic condition of the survivor and her parents the Court had directed the state to provide necessary medicines, medical treatment and other ancillary medical facilities relating to the treatment and safer delivery of the baby free of cost to the pregnant minor girl.
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