Following medical warnings of severe risks, including maternal death, the Orissa High Court has allowed a 16-year-old rape survivor to continue her 31-week pregnancy to term, respecting the decision made by the minor and her mother.
In a sensitive ruling issued on May 8, the Orissa High Court granted permission for a 16-year-old rape survivor to carry her pregnancy to term after medical experts strongly advised against a late-stage termination. The decision underscores the weight given to the choice of the minor and her legal guardian when facing high-risk medical procedures, prioritizing the safety and life of the young mother.
Justice B.P. Routray, presiding over the case, emphasized that the opinion of the parents or legal guardian is paramount when deciding the legal course of action regarding pregnancy termination for a minor, particularly at an advanced stage and when significant health risks are involved.
The court further directed state authorities to ensure the minor receives comprehensive medical treatment, nutrition, and care—completely free of charge—to facilitate the safe delivery of the baby.
The minor’s situation stems from a deeply traumatic series of events. According to the court proceedings, the young girl was allegedly kidnapped twice by the same accused individual in 2025—first in June and again in August.
After the initial kidnapping in June, she was rescued by police and placed in the custody of the child welfare committee before being returned to her parents in July. Tragically, the same accused allegedly abducted her again the following month. The minor’s mother filed a First Information Report (FIR) in September 2025.
Seeking her return, the parents petitioned the Orissa High Court. By December, the girl was finally rescued and presented before the child welfare committee, leading to the disposal of that specific plea in January 2026. However, medical examinations conducted at the time of her rescue revealed she was pregnant.
Initially, the minor and her parents filed a new petition seeking the medical termination of the pregnancy, citing her status as a survivor of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
In April, the High Court issued an interim order directing a hospital director to form a medical board to evaluate the girl’s health and provide a comprehensive report. The board’s findings fundamentally shifted the course of the petition.
The medical experts strongly advised against termination. They highlighted that at 30 weeks and 4 days, with a viable fetus, the procedure posed severe risks to the 16-year-old’s health and life. The attending doctor cautioned that termination at this advanced stage carried the threat of postpartum hemorrhage, disseminated intravascular coagulation, and the delivery of a deceased baby—a scenario the report noted would be even more dangerous than continuing the pregnancy and could potentially lead to maternal death.
Confronted with these stark medical realities, the minor and her mother submitted a formal memo expressing their consent to continue the pregnancy until a safe delivery could be achieved at the end of the gestational period.
“The mother of the victim, keeping such a high risk involved in termination of pregnancy, has opted at her choice, along with the minor girl, to continue with the pregnancy till safer delivery of the baby upon completion of the gestational period, and they have filed a memo expressing their consent,” the High Court’s order stated.
Recognizing both the medical risks and the family’s economic situation, the court mandated that the state provide all necessary support. This includes free medication, medical treatment, and ancillary facilities required for the care and safe delivery of a healthy baby.
