The Madhya Pradesh High Court has dismissed a petition requesting the medical termination of a pregnancy for a 15-year-old rape victim, citing discrepancies in the timing of the reported assault as described in the FIR filed by the victim’s grandmother. Justice GS Ahluwalia of the single bench made this ruling after a medical board reported that the girl was 28 weeks pregnant, which is beyond the legal threshold for termination under the Medical Termination of Pregnancy (MTP) Act.
The petition was filed by the minor victim who is currently admitted to Gandhi Medical College in Bhopal. It was brought to the High Court with the hope of obtaining permission for an abortion. During the proceedings, Justice Ahluwalia had initially directed a medical board to evaluate and report on the victim’s condition.
The medical report presented to the court indicated that the fetus was 28 weeks old, suggesting conception occurred approximately five and a half to six months prior. Under the MTP Act, abortions are restricted after 24 weeks unless there are exceptional circumstances and specific court approval. The court noted that proceeding with the pregnancy or opting for termination both posed significant risks.
The FIR, filed on July 7, 2024, by the victimโs grandmother, claimed that the assault occurred between April 7 and May 1, 2024. However, the medical evidence suggested a conception time that contradicted this timeframe, leading the court to question the accuracy of the FIR. The court observed that the FIR appeared suspicious due to these inconsistencies.
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Justice Ahluwalia, while hearing the case, expressed concern over the risks involved in both continuing and terminating the pregnancy at such a late stage. The court ultimately decided to reject the plea for an abortion, emphasizing the need for accuracy and reliability in the legal process and the protection of all parties involved, including the unborn child.
