The Court emphasized that under Section 3(2) of the MTP Act, termination of pregnancy is permissible if its continuation poses grave physical or mental health risks to the pregnant woman. It underscored that Explanation 2 of this section acknowledges the mental anguish caused by rape, presuming it as constituting a grave injury to the woman’s mental health. Therefore, denying a rape victim the right to terminate her pregnancy would impose motherhood responsibilities upon her against her will, violating her fundamental right to live with dignity enshrined in Article 21 of the Constitution.
KERALA: Recently, The Kerala High Court upholding the dignity and reproductive rights of rape survivors. The court observed that refusing permission for a rape survivor to terminate a pregnancy resulting from the assault would equate to depriving her of the right to dignity in her life.
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The Kerala High Court reaffirmed that the right to make autonomous decisions about reproductive functions is fundamental to the equality and privacy of every woman and girl. It emphasized that reproductive rights include the freedom to choose whether and when to have children, the number of children, and access to safe and legal abortions.
Justice Kauser Edappagath, presiding over the case
“The Court emphasized that under Section 3(2) of the MTP Act, termination of pregnancy is permissible if its continuation poses grave physical or mental health risks to the pregnant woman. It underscored that Explanation 2 of this section acknowledges the mental anguish caused by rape, presuming it as constituting a grave injury to the woman’s mental health. Therefore, denying a rape victim the right to terminate her pregnancy would impose motherhood responsibilities upon her against her will, violating her fundamental right to live with dignity enshrined in Article 21 of the Constitution.”
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The court recognized the trauma experienced by women who are forced to carry an unwanted pregnancy to term, particularly in cases of sexual abuse. It noted that such pregnancies are often involuntary and contribute to physical and mental distress for the victim. The judgment emphasized the detrimental effects on the victim’s physical and mental well-being, adding weight to the argument for allowing the termination of pregnancies resulting from rape.
“In its judgment, the Court emphasized the significant trauma inflicted upon women when compelled to carry an unwanted pregnancy to full term. It noted that pregnancies resulting from sexual abuse, especially outside of marriage, often lead to severe physical and mental health repercussions for the victim. The Court highlighted that sexual assault or abuse is inherently distressing, and the subsequent pregnancy exacerbates the harm. Such pregnancies are not voluntary or deliberate, as clarified in the case of XYZ v. State of Gujarat.”
“At the outset, the Court highlighted that the fundamental right to equality and privacy encompasses the right of every woman and girl to autonomously decide on matters concerning her reproductive functions. It emphasized that reproductive rights encompass the freedom to determine whether and when to conceive, the choice regarding the number of children, and the access to safe and lawful abortion services.”
Background
The case involved a 16-year-old rape survivor who sought permission to terminate her 28-week pregnancy. Due to the limitations imposed by the MTP Act, which allows termination only until the 24th week, the survivor approached the court for relief. The court considered a medical board’s report, which indicated that continuing the pregnancy would be detrimental to the survivor’s mental and physical health. Taking into account the survivor’s scheduled caste background and the potential for isolation, the court granted her permission to terminate the pregnancy and issued appropriate directions accordingly.
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In the event that the fetus is found to be alive after the procedure, the court directed the hospital to provide the necessary care. The state was instructed to take full responsibility and provide medical aid to the child as per the provisions of the Juvenile Justice (Care and Protection of Children) Act.
Case Title: XXXXXXXXXX v. Union of India & Ors.
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