Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...
The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia.
Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –
“In such circumstances, if the victim is permitted to undergo entire process of pregnancy and delivery, then it can lead to great physical, mental and psychological effect, not only on the victim, but also so far as the foetus is concerned.”
Factual Background
The minor victim-petitioner, who is aged about 17 years, was sexually exploited for which she conceived. An FIR was lodged against the accused for commission of such sexual offence and the police medically examined the petitioner, who was found to be pregnant.
Being an unmarried minor girl, solely dependent upon her homemaker-mother, she did not want to continue with the pregnancy. Therefore, she approached the High Court seeking prayer to medically terminate the foetus as continuing such pregnancy shall be detrimental to her physically, mentally and psychologically.
When the case came up for hearing on 05.12.2024, the Court directed the Chief Medical and Health Officer (CMHO), Balodabazar-Bhatapara to submit report with opinion regardng feasibility of medical termination of pregnancy of the petitioner. Accordingly, the CMHO submitted report alongwith various documents and report prepared by a team of doctors.
The medical report canvassed the fact that the petitioner is carrying a pregnancy of 20 weeks and 4 days and she is suffering from severe sickle cell anaemia. Therefore, it opined that after treating her for anaemia, the medical termination can be carried out.
The State submitted that as the petitioner does not want to carry on her pregnancy, it would cause grave injury to her mental health if permission is not granted for the termination and thus, it fairly did not oppose the relief sought for by the petitioner.
Court's Observations
The Court at the outset examined the provision governing situations when pregnancies can be terminated by registered medical practitioners. After perusing Section 3 of the Medical Termination of Pregnancy Act, the Court was of the view that termination of pregnancy is not blanketly barred and it is permissible in the given circumstances as are envisaged under the provision.
“In instant case, age of petitioner / minor victim is only 17 years, she is victim of rape and she does not want to carry on her pregnancy. Team of doctors have also submitted report to the effect that continuation of teenage pregnancy with severe anemia can have significant physical, emotional, social and economic consequences to the petitioner,” it added.
The Bench further did not rule out the possibility of complication at a later stage to the petitioner, both physical and mental, if the pregnancy is not permitted to be aborted. It also observed that though the petitioner is suffering from severe anaemia, but the team of doctors opined that she will be physically fit after medication.
Thereafter, Justice Chandravanshi relied upon a catena of judgments of the Apex Court relating to medical termination of pregnancy, including the ones in Suchita Srivastava & Anr, v. Chandigarh Administration, X v. Union of India & Ors., Meera Santosh Pal & Ors. v. Union of India & Ors., Tapasya Umesh Pisal v. Union of India & Ors. and Mrs. A v. Union of India & Ors.
After going through the above position of law, the Court examined the facts against the backdrop of legal precedents and observed –
“In the instant case, the petitioner is carrying pregnancy of 20 weeks & four days and she is only 17 year of age. She has been victimized by sexual assault. It is also stated that her father is no more and her mother is said to be housewife, therefore, it can be supposed that she belongs to poor financial strata.”
It also held that if she is not permitted to terminate her pregnancy, which is result of rape, it would be against her liberty and right to her bodily autonomy.
Therefore, the relief sought for by the petitioner was allowed. The petitioner was permitted to approach the CMHO who was directed to ensure that pregnancy of the petitioner is terminated after completing all the requisite formalities and proper medical facilities are provided alongwith medication for anaemia.
Case Title: Abc (Minor) Through Natural Guardian Xyz v. State of Chhattisgarh & Ors.
Case No: WPC No. 6041 of 2024
Date of Order: December 10, 2024
Counsel for the Petitioner: Mr. Devashish Tiwari, Advocate
Counsel for the Respondents: Mr. Satish Gupta, Government Advocate