The Chhattisgarh High Court has permitted a 14-year-old rape survivor to medically terminate her pregnancy at more than 28 weeks, ruling that forcing her to carry an unwanted pregnancy would violate her constitutional rights to dignity, privacy, and reproductive autonomy.
In a ruling issued on July 3, Justice Amitendra Kishore Prasad stated that compelling a minor victim to continue with a pregnancy against her wishes would subject her to additional trauma and infringe on her bodily integrity under Article 21 of the Indian Constitution. The court decided that the advanced stage of the pregnancy should not prevent the termination.
Constitutional Protections For Minor Survivors
The court examined the provisions of the Medical Termination of Pregnancy (MTP) Act, noting that the law presumes a pregnancy resulting from rape causes grave injury to a woman’s mental health. Justice Prasad observed that the 14-year-old victim had clearly and voluntarily expressed her desire to end the pregnancy, meaning there was no legal barrier to the procedure.
The ruling cited several Supreme Court precedents establishing that reproductive autonomy is an essential aspect of personal liberty. The High Court emphasized that constitutional courts are empowered to allow abortions past statutory gestational limits under extraordinary circumstances, particularly in cases involving minors and sexual assault survivors.
Medical Assessment And State Government Support
The court’s decision followed a petition filed through the girl’s guardian after her pregnancy crossed the legal limit for abortion. On June 29, the High Court had ordered a medical board to evaluate the girl’s health and the stage of her pregnancy.
In its report submitted on July 1, the medical board confirmed that the girl was 28 weeks and five days pregnant. While the board noted that the minor was physically and mentally healthy at the time, it cautioned that an abortion at this advanced stage carried risks of infection, bleeding, and cervical injuries. However, the board also warned that forcing her to carry the pregnancy to term would cause further physical and psychological suffering. The state government supported the petition, arguing that denying the abortion would severely damage the minor’s mental health.
Assault Discovered After Medical Emergency
According to the petition, the minor was allegedly kidnapped and sexually exploited in December 2025. Because she had been threatened, she did not inform her family about the incident.
The pregnancy was only discovered in June 2026, when she was hospitalized after experiencing severe stomach pain. A subsequent ultrasound scan revealed the pregnancy, prompting her family to contact the police. Authorities then registered a First Information Report (FIR) under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.
Court Orders Safe Procedure And Evidence Preservation
Allowing the petition, the High Court ordered the minor to be admitted to a government or district hospital within one week to undergo the procedure.
The court directed that the abortion must be performed by a specialized medical team, including at least two gynecologists and a surgeon. The procedure requires the informed consent of the victim along with the concurrence of her father or guardian.
Additionally, the chief medical and health officer has been directed to coordinate the process, provide ambulance services, and ensure full pre-operative and post-operative care while protecting the girl’s privacy. To aid the ongoing criminal investigation, the medical team must preserve fetal tissue and DNA samples. The hospital must submit a compliance report to the High Court once the procedure is complete.
