MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape

Bhopal: The Madhya Pradesh high court has allowed a minor rape survivor to terminate her 32-week pregnancy citing her unwillingness to continue with it.

A single bench of the court headed by Justice Avanindra Kumar Singh has taken note of the psychological trauma and medical implications for the minor while permitting the 16-year-old girl to medically terminate her 32-week pregnancy citing it as exceptional circumstances.

A medical assessment conducted under the direction of the trial court in the case by an eight-member board of Hamidia Hospital here indicated that the fetus is 32 weeks and six days old.

The board held that the termination could not be conducted as per the Medical Termination of Pregnancy (Amendment) Act, 2021, which permits termination up to 24 weeks unless sanctioned by the court.

The board highlighted the risks associated with termination and continuation of such a high-risk teenage pregnancy.

But the victim insisted on terminating the pregnancy despite the risk involved with it.

While permitting termination of the pregnancy, the high court observed that “The mother of the prosecutrix stated that she and family members including the victim are of the opinion that pregnancy should be terminated, whatever may be the risk.”