The Allahabad High Court has affirmed the right of a sexual assault victim to medically terminate her pregnancy, emphasizing the individual’s autonomy over reproductive decisions. The ruling came in response to a petition by a 17-year-old rape victim seeking to end her pregnancy, with the court observing that forcing her to bear a child from the assault would severely impinge on her dignity and mental health.
Justices Mahesh Chandra Tripathi and Prashant Kumar, presiding over the case, referenced Section 3(2) of the Medical Termination of Pregnancy Act (MTP Act), which specifically grants victims of sexual assault the legal right to opt for an abortion. “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,” the court stated.
The petitioner, initially misled by the accused to elope, was later found by authorities following a complaint by her father. Medical examination revealed that she was over three months pregnant after enduring repeated rapes, leading to severe physical and mental distress. At the time of the hearing, she was nineteen weeks pregnant.
Legal representatives for the petitioner argued that the ongoing pregnancy was causing her significant anguish and adversely affecting her mental health, further complicating her status as a minor unprepared for motherhood.
The court also noted that Rule 3 B of the Medical Termination of Pregnancy, Rules 2003 (as amended in 2021), allows for the termination of pregnancies up to 24 weeks for minors and survivors of sexual assault or rape. In its decision, the bench cited precedents from the Supreme Court and the Delhi High Court, which have permitted medical termination in similar cases, reinforcing the victim’s right to make decisions concerning her body and reproductive future.
