The Allahabad High Court upheld the right of sexual assault victims to terminate pregnancies. A two-judge bench, including Justices Mahesh Chandra Tripathi and Prashant Kumar, ruled on the matter. The case involved a 17-year-old rape survivor who sought medical termination of her pregnancy. The court recognized her right to make this decision and granted her request.
Prayagraj: The Allahabad High Court affirmed that victims of sexual assault have the legal right to terminate their pregnancies.
This ruling came as a two-judge bench, consisting of Justices Mahesh Chandra Tripathi and Prashant Kumar, considered the case of a 17-year-old rape victim who sought medical termination of her pregnancy.
The court referenced Section 3(2) of the Medical Termination of Pregnancy Act, stating,
“In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy and fastening her with the responsibility of motherhood would amount to denying her human right to live with dignity.”
It emphasized that a woman has the right to make decisions about her own body, including whether to become a mother.
The victim, who became pregnant after being lured away by the accused, was found to be three months and fifteen days pregnant during a medical examination. Her counsel argued that the pregnancy was causing her significant distress and was detrimental to her mental health.
The court noted that current regulations allow for the termination of pregnancies up to 24 weeks for survivors of sexual assault, rape, or incest, particularly when the survivor is a minor.
Also Read: ‘Terminate 30-Week Pregnancy’: HC Permits 11-Year-Old Sexual Assault Survivor
The judges pointed out that similar cases have been resolved in favor of victims by the Supreme Court and the Delhi High Court, reinforcing the right of the victim to choose whether to keep the child conceived as a result of sexual assault.
Under the Medical Termination of Pregnancy (MTP) Act, 1971, and its 2021 amendment, survivors of sexual assault, including rape, have the right to seek an abortion.
- Up to 24 weeks: Allowed for rape survivors, minors, and other vulnerable groups.
- Beyond 24 weeks: Permitted only in cases of severe fetal abnormalities or life-threatening risks, subject to medical board approval.
- Confidentiality: Doctors are required to maintain the privacy of the person seeking an abortion.
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