In a landmark ruling, the Allahabad High Court has asserted that a woman cannot be compelled to give birth to the child of a man who sexually assaulted her. The court made this declaration while deliberating on a plea to terminate a 25-week pregnancy of a 12-year-old rape victim.
The court, presided over by Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, stated that imposing the responsibility of motherhood on women who have been sexually assaulted infringes on their right to live with dignity and could lead to untold suffering. The woman, the court emphasized, has the right to decide whether or not to become a mother.
The judgment read,
“In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy and fasten her with the responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.”
The case before the court involved a 12-year-old rape victim, who is deaf and mute, and whose pregnancy had surpassed 24 weeks. The minor girl had been repeatedly raped and sexually assaulted by her neighbor. Due to her inability to speak, she was unable to communicate her ordeal for a long time. When her mother eventually discovered the truth, a first information report (FIR) was filed for rape and offenses under the Protection of Children from Sexual Offences Act (POCSO Act).
Upon medical examination, it was discovered that the girl was 23 weeks pregnant. A request to terminate the pregnancy was submitted to a Medical Board, which stated that since the pregnancy had exceeded 24 weeks, court permission was required for the abortion.
The court noted that the Medical Termination of Pregnancy Act (MTP Act) identifies rape and the mother’s minority as grounds for terminating a pregnancy up to 24 weeks. The Act also presumes that a rape victim’s mental health would be adversely affected by a pregnancy resulting from rape.
While the MTP Act does not typically allow for the termination of pregnancies beyond 24 weeks, the court highlighted that constitutional courts, including the Supreme Court, have permitted such terminations in exceptional cases.
Taking a humanitarian approach and considering the urgency of the situation, the court ordered a medical hospital to examine the child within a day. The hospital was also instructed to submit a report by July 12. Advocate Raghav Arora represented the petitioner in this case.
This ruling underscores the importance of a woman’s right to choose and the necessity to protect victims of sexual assault from further trauma. It serves as a significant precedent in the ongoing fight for women’s rights and the pursuit of justice for victims of sexual violence.