In a significant ruling, the Allahabad High Court emphasized that the decision to continue a pregnancy or opt for medical termination rests solely with the woman, reinforcing the principle of bodily autonomy. This observation came during the hearing of a 15-year-old rape victim’s plea, who sought an abortion at 32 weeks of pregnancy.
The bench, consisting of Justices Shekhar B Saraf and Manjive Shukla, highlighted the paramount importance of a woman’s consent in decisions regarding her pregnancy. “This court is of the opinion that a woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself,” the bench stated.
The court also recognized the state’s role in ensuring that if the victim chooses to continue the pregnancy and put the child up for adoption, the process should be conducted with utmost privacy and respect for the child’s fundamental rights as enshrined in the Constitution.
The case involved a young girl, confirmed to be 15 years old based on her high school marksheet, who was residing with her maternal uncle. An FIR was filed under the Indian Penal Code section 363 after she was reportedly kidnapped by a man. Upon her recovery, additional charges of rape and violations of the POCSO Act were added. The medical examinations revealed that the petitioner was 29 weeks pregnant, and continuation of the pregnancy posed significant risks to her physical and mental health. However, medical termination at this advanced stage posed life-threatening risks.
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Despite these complications, after thorough counselling about the severe risks of late-stage medical termination, the victim and her parents decided to continue with the pregnancy. The court’s decision underscores the critical understanding that even in complex and distressing circumstances, the autonomy and consent of the woman carry the utmost weight.
