‘Violative of bodily integrity’: Chhattisgarh High Court allows minor rape survivor to terminate 21-week pregnancy

“It would not only aggravate her mental trauma but would also have a devastating effect on her overall health including psychological and mental aspects,” the court added.

Key findings

The court underlined that it was the minor survivor’s “personal choice to terminate pregnancy which the court must respect as it is a facet of her personal liberty”.

The order also observed that there was “no dispute that petitioner is victim of rape” besides being “desirous of terminating pregnancy as she does not want to give birth to the child of a rapist.”

Continuation of pregnancy can gravely endanger her physical and mental health, it added.

“Report of medical practitioners of District Hospital, who medically examined the petitioner, would show that she is physically and mentally fit to undergo termination of pregnancy, which is of 21 weeks and 1 day, i.e., within the outer limit of 24 weeks prescribed in Section 3 of the Act of 1971 for termination of pregnancy,” the court held.

The minor survivor was, therefore, allowed to terminate pregnancy under Section 3 (length of the pregnancy exceeds 20 weeks but does not exceed twenty-four weeks) of the Termination of Pregnancy Act, 1971.

Case

The minor rape survivor, through advocate Aman Tamboli, filed a plea seeking directions to the state authorities to make all necessary arrangements to facilitate termination of her pregnancy and take requisite steps.

On November 18, the court directed the chief medical officer concerned to arrange the medical examination of petitioner by a team of experts including a gynecologist and submit a report on the minor’s health besides informing if the termination of pregnancy could be carried out.

Following the order, she was examined by three medical practitioners of a district hospital and her medical report was placed on record on November 24.

The doctors, who medically examined petitioner, opined that as the gestation age is 21 weeks and one day, the medical termination of pregnancy could be performed under the Medical Termination of Pregnancy Act, 2021.

While referring to a provision of the Termination of Pregnancy Act, the court said “in no uncertain terms that where the pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman”.