The Allahabad High Court has observed that despite the existence of standard operating procedures for medical termination of pregnancy (MTP) up to 24 weeks, rape victims continue to approach courts due to delayed detection of pregnancy and lack of awareness, indicating deficiencies in the implementation of the existing framework. The Court has sought an affidavit from the Uttar Pradesh government on measures to address these gaps.
A division bench comprising Justice Saumitra Dayal Singh and Justice Indrajeet Shukla made the observations on February 6 while hearing a suo motu PIL arising from a case involving a minor rape survivor seeking termination of pregnancy.
The bench noted that although the law permits termination of pregnancy up to 20 weeks, extendable to 24 weeks in specified cases, victims often become aware of their pregnancy at a later stage. It observed:
“Since law permits termination of such pregnancies up to 20 weeks and not more than 24 weeks, rape victims often get knowledge of pregnancy late and sometimes, perhaps due to lack of understanding and knowledge of the laws and the procedures, precious time is lost to the victims and their families.”
The Court acknowledged that the State has framed SOPs showing its willingness to comply with statutory requirements. However, it pointed out that petitions continue to be filed before the Court seeking permission for termination, which indicates shortcomings in the execution of those SOPs.
The Court directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh, to file an affidavit detailing the mechanisms in place for women and child health, particularly in cases involving rape survivors and unwanted pregnancies.
The bench emphasised the necessity of a coordinated institutional mechanism, including nodal authorities and professional counselling support for victims and their families. It observed:
“Unless nodal authorities are provided in conjunction with other professionals and officers and agencies such as an expert counsellor who may counsel the victim as also her family as to the options available with respect to termination of pregnancy, etc., the desire of the state to take care of such unfortunate citizens may remain unfulfilled.”
To prevent victims from crossing the statutory limit of 24 weeks, the Court stressed the need for timely pregnancy detection. It suggested that victims be provided with pregnancy tests at an early stage so that they can make an informed choice within the permissible legal timeframe.
The Court also noted that the State must have schemes for victims who choose to carry the pregnancy to full term, as well as mechanisms to facilitate adoption where the child is to be given up.
The bench further highlighted the need for compensation to rape survivors and preservation of the foetus for evidentiary purposes in criminal trials.
The matter has been listed for further hearing on March 13.
