In a significant ruling, the Rajasthan High Court has refused to permit the termination of a 30-week pregnancy, citing concerns about the health of the petitioner and the unborn fetus. The Court observed that the fetus, nearing full development, also has a constitutional right to life under Article 21 of the Indian Constitution.
The decision was delivered by Justice Anoop Kumar Dhand in the case S.B. Civil Writ Petition No. 17348/2024. The petitioner, a 22-year-old victim of alleged rape, sought permission to terminate her pregnancy, which she contended was a result of the crime.
Background of the Case
The petitioner, a resident of Ahmedabad currently staying at Sakhi Van Stop Centre, Dholpur, filed an FIR No. 306/2024 at Mahila Thana, Dholpur, under Section 376 IPC (rape). The victim approached the Court asserting that continuing with the pregnancy would be detrimental to her physical and mental health. The petitioner expressed her inability to care for the child, which would serve as a constant reminder of the trauma.
Medical Report and Observations
The petitioner underwent an examination by a Medical Board constituted at Mahila Chikitsalya, Jaipur, on November 20, 2024. The Board’s findings revealed:
– The pregnancy was of 30 weeks with a single live fetus weighing approximately 1169 grams.
– The gestational age was reported at 28 weeks and 3 days, and no fetal anomalies were found.
– Termination at this stage would amount to a preterm delivery and posed a high risk to the petitioner as well as the fetus.
The Board categorically stated that termination was not safe and could be life-threatening.
Legal Issues Addressed
Justice Anoop Kumar Dhand, while analyzing the petitioner’s plea, balanced the victim’s rights against the fetus’s right to life:
1. Autonomy of the Woman: The Court acknowledged the woman’s autonomy to decide on pregnancy but emphasized that the advanced gestational stage placed the fetus in a position where it had a right to life.
2. Safety Concerns: Referring to the medical opinion, the Court observed that any attempt at termination would jeopardize the health of the petitioner and the fetus.
3. Precedents: The Court relied on the Supreme Court’s judgment in X v. Union of India, which denied termination at 28 weeks. The apex court held that ordering termination at such a stage would expose the fetus to a significant risk of “lifelong disabilities.”
Key Observations of the Court
Justice Anoop Kumar Dhand remarked:
– “The fully developed fetus also has the right to life under Article 21 of the Constitution of India to enter this world and live a healthy life without any abnormalities.”
– He further added, “The law recognizes the autonomy of a woman, but in this case, termination at this stage would endanger both lives.”
Relief Provided to the Petitioner
While denying termination, the Court extended the following measures:
1. The petitioner will remain at Sakhi Van Stop Centre, Dholpur, where all necessary medical, nutritional, and emotional care will be provided.
2. The State was directed to assign a female nursing attendant to support the petitioner until her safe delivery.
3. The delivery will take place at Mahila Chikitsalya, Jaipur, with all expenses borne by the State.
4. The child, post-birth, can be given for adoption under the Child Welfare Committee, Jaipur, if the petitioner so wishes.
5. Compensation under the Rajasthan Victim Compensation Scheme, 2011 is to be paid to the petitioner within three months and deposited in a fixed deposit for two years.
The Court further ordered the preservation of tissue and blood samples for DNA analysis to aid the ongoing investigation.
The petitioner was represented by Advocate Ms. Sangeeta Kumari Sharma, while the State was represented by AAG Mr. Vigyan Shah, assisted by Mr. Yash Joshi and Mr. Harsh Parashar.
