The Chhattisgarh High Court permitted a 14-year-old rape survivor to terminate her pregnancy beyond 28 weeks, holding that forcing her to continue an unwanted pregnancy would violate her dignity, bodily autonomy, privacy and reproductive rights guaranteed under Article 21 of the Constitution.
In a significant ruling reaffirming the reproductive rights of sexual assault survivors, the Chhattisgarh High Court has held that a 14-year-old rape survivor cannot be compelled to continue an unwanted pregnancy merely because it has crossed the 28-week gestational mark. The Court observed that forcing a child survivor of rape to carry the pregnancy to term would inflict further physical and psychological trauma and violate her fundamental rights under Article 21 of the Constitution.
Justice Amitendra Kishore Prasad passed the order while allowing a writ petition filed through the minor girl’s natural guardian seeking permission to medically terminate the pregnancy. The plea was moved after the pregnancy had exceeded the statutory gestational limit prescribed under the Medical Termination of Pregnancy (MTP) Act, making judicial intervention necessary.
Emphasising the constitutional protection available to victims of sexual violence, the Court observed:
“This Court cannot lose sight of the fact that petitioner was a minor when she was allegedly kidnapped and subjected to sexual exploitation. To compel such a victim to continue with the pregnancy against her wishes would amount to subjecting her to further trauma and would seriously impinge upon her bodily integrity, dignity, privacy and reproductive autonomy, all of which are facets of the right to life guaranteed under Article 21 of the Constitution of India,”
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The case arose from an incident that allegedly occurred in December 2025, when the minor girl was kidnapped and sexually assaulted. According to the petition filed before the High Court, the child did not disclose the assault to her family because she had been threatened by the accused. The incident remained unknown until June 2026, when the girl complained of severe abdominal pain. Concerned about her health, her family took her to a hospital for medical examination.
During the examination, doctors conducted an ultrasound scan, which revealed that the 14-year-old was pregnant. The shocking revelation prompted her family to approach the police immediately.
Subsequently, a First Information Report (FIR) was registered under relevant provisions of the Bharatiya Nyaya Sanhita (BNS) as well as the Protection of Children from Sexual Offences (POCSO) Act, and a criminal investigation was initiated into the alleged sexual assault.
Since the pregnancy had already crossed the statutory limit prescribed under the MTP Act, the family approached the High Court seeking permission for medical termination. Recognising the urgency of the matter, the High Court on June 29 directed the constitution of a Medical Board to evaluate the girl’s condition. The Board was asked to examine her physical and mental health, determine the stage of pregnancy, assess the condition of the foetus and specifically indicate whether termination of pregnancy would pose a greater risk than continuing it.
The Medical Board submitted its report on July 1. According to the report, the victim was 28 weeks and five days pregnant. While the Board found that she was physically and mentally stable at the time of examination, it noted that termination at such an advanced stage carried certain medical risks, including excessive bleeding, cervical and perineal injuries, and possible infection.
However, the doctors also pointed out that continuing the pregnancy carried its own serious risks, including pregnancy-related complications and prolonged physical as well as psychological suffering for the minor survivor.
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The State government supported the plea before the High Court and submitted that refusing permission for termination would cause grave injury to the mental health of the child survivor. The State argued that considering the circumstances in which the pregnancy had occurred, allowing the girl to continue the pregnancy against her wishes would amount to prolonging her trauma.
After examining the provisions of the Medical Termination of Pregnancy Act, 1971, as amended in 2021, the High Court observed that the legislation itself recognises the severe psychological trauma suffered by rape survivors. Referring to Explanation 2 to Section 3 of the MTP Act, the Court noted that the law creates a statutory presumption that a pregnancy resulting from rape causes grave injury to the mental health of the pregnant woman.
The Court observed that the emotional, social and psychological consequences of sexual assault become even more severe when the victim is compelled to carry an unwanted pregnancy.
Justice Prasad further noted that the victim had voluntarily and consciously expressed her desire not to continue with the pregnancy. In these circumstances, the Court held that there was no legal impediment to permitting medical termination despite the advanced stage of pregnancy, particularly when the pregnancy itself was the result of an alleged sexual offence against a child.
The High Court also relied upon several judgments of the Supreme Court recognising reproductive choice as an inseparable component of the right to life and personal liberty guaranteed under Article 21 of the Constitution.
The Court observed that the Supreme Court has repeatedly held that constitutional courts possess the authority to permit termination of pregnancy even beyond the statutory gestational limit in exceptional circumstances, particularly where the victim is a rape survivor or a minor. The Court further noted the Supreme Court’s consistent view that no woman—and even more so, no child can be compelled to continue an unwanted pregnancy merely because it has crossed the statutory limit, if doing so would violate her dignity, bodily integrity and reproductive autonomy.
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Allowing the petition, the High Court directed that the minor be admitted within one week to the District Hospital or any other government medical institution adequately equipped to perform the procedure. The Court ordered that the medical termination be conducted strictly in accordance with the provisions of the MTP Act by a specialised medical team consisting of at least two gynaecologists, a surgeon and any other specialists required to ensure the girl’s safety.
The Court further directed that informed consent must be obtained from the minor, along with the concurrence of her father or legal guardian. In addition, the Chief Medical and Health Officer was directed to:
- Arrange ambulance transportation for the victim.
- Coordinate the entire medical procedure.
- Ensure comprehensive pre-operative and post-operative medical care.
- Maintain complete privacy and confidentiality of the victim.
- Preserve foetal tissue and DNA samples for use in the pending criminal investigation, if required.
- Submit a compliance report before the High Court after completion of the medical procedure.
The judgment reinforces the constitutional principle that reproductive autonomy, dignity and bodily integrity cannot be sacrificed solely because a pregnancy has crossed the statutory limit under the MTP Act. It also reiterates that courts retain the power to protect the rights of rape survivors, particularly children, in exceptional circumstances where continuing a pregnancy would result in irreparable physical, emotional and psychological harm.
By permitting the termination, the Chhattisgarh High Court emphasised that constitutional guarantees under Article 21 must prevail when the life, dignity and future of a child survivor are at stake, while ensuring that the criminal investigation into the alleged sexual assault continues unhindered through preservation of crucial forensic evidence.
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