Can’t Be Compelled To Give Birth: Chhattisgarh HC Permits Termination of 24-Week Pregnancy for Minor Rape Victim

Post By 24law
January 3, 2025

Pranav B Prem

In a recent decision, the Chhattisgarh High Court permitted the termination of a minor rape victim's 24-week pregnancy, affirming that victims cannot be compelled to bear the child of their perpetrator. The bench of Justice Bibhu Datta Guru, emphasized the grave mental trauma associated with such pregnancies, stating: "A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist."

Advocate Basant Dewangan represented the petitioner, while Deputy Advocate General Praveen Das appeared for the State.

Case Background

The case arose when a minor, a victim of forcible sexual intercourse, sought judicial intervention to terminate her 24-week pregnancy. She expressed anguish and the desire not to give birth to a child conceived under such circumstances. The petitioner approached the court, requesting the formation of a panel of medical experts to assess and facilitate the termination.

Acting on her plea, the court summoned a report from the Chief Medical & Health Officer/Civil Surgeon of Raigarh, which was subsequently submitted. The medical findings, coupled with the court's reliance on the Medical Termination of Pregnancy Act, 1971, and its amendments in 2021, became pivotal in the judgment.

Key Observations by the Court

Justice Guru's judgment extensively discussed the legislative framework governing medical terminations. Under the Medical Termination of Pregnancy Act, pregnancies can be terminated beyond 20 weeks in cases involving risk to the woman's life, mental health, or instances of rape. Notably, the court cited explanations within the Act, presuming anguish caused by rape-induced pregnancies as grave mental injury.

Referencing precedents, the court emphasized the "best interests" principle laid down by the Supreme Court in Suchita Srivastava v. Chandigarh Administration. It highlighted that decisions in such cases must prioritize the victim's well-being over societal or guardian considerations.

The court also drew upon rulings of the Supreme Court in X v. Union of India and Mrs. A v. Union of India, which permitted terminations beyond 20 weeks due to risks to mental health or severe fetal abnormalities. It was emphasized that reproductive autonomy and dignity, protected under Article 21 of the Constitution, empower women—including minors—to make informed decisions about their pregnancies.

Medical Findings and Directions

The medical examination conducted by the District Medical Board revealed no gross fetal anomalies but noted the victim's risk of deteriorating mental health, including the potential development of psychosis. The Board recommended termination at a tertiary care center equipped with ICU facilities after addressing anemia concerns.

Acknowledging these findings, the court directed:

The victim's immediate admission to the Kirodimal Government District Hospital or a similar medical college with ICU facilities.
Termination of the pregnancy by a panel of expert medical practitioners with the consent of the victim and her parents.
Preservation of the fetus' DNA sample for reference in the ongoing criminal case against the accused.

Accordingly, the High Court allowed the Writ Petition and permitted termination of the victim’s pregnancy.

Cause Title: ABC Through Natural Guardian XYZ (Minor) v. State Of Chhattisgarh & Ors.