'Can't Remain A Silent Spectator To Her Agony': MP High Court Allows Termination Of Minor Rape Survivor's 18-Week Pregnancy

The Madhya Pradesh High Court on Monday allowed a 16½-year-old rape victim to undergo medical termination of over 18 weeks of pregnancy after the medical board gave its recommendation for the abortion.

The bench of Justice Milind Ramesh Phadke took into account the "future" of the girl "who is carrying a foetus of a rapist" and the trauma she will have to face throughout her life while raising such a child. The Court also said that the child will also have to live his/her entire life with such social stigma.

"This Court is dealing with the case of a girl aged about 16 ½ years, who is carrying a foetus of a rapist and the girl, as well as her parents does not want that she should give birth to the child of a rapist. Not only this, the child will also have social stigma throughout his life and the girl, who is about 17 years of age, has to deliver a child which will certainly be a life threat to the pregnant minor girl apart from social ostracization," the Court remarked as it directed the authorities to proceed with the termination of pregnancy.

Looking to the future of the girl, the Court has also directed the authorities that the identity of the girl be kept secret and shall not be revealed to anybody.

The petitioner, who is the father of the minor girl, approached the Court seeking termination of the pregnancy of his minor daughter. It was his case that her minor daughter went missing, therefore, an FIR for the offence punishable under Section 363, 366, 376 (3) of IPC and Section 5/6 of the POCSO Act was lodged against the accused.

During the investigation, the petitioner filed a Habeas Corpus plea, pursuant to which, the corpus was produced before the Court by the investigating agency and it was revealed that the corpus is pregnant.

After counselling the prosecutrix in the open court, she expressed unwillingness to live with her father, therefore, she was sent to One Stop Centre. The parents of the prosecutrix went to One Stop Centre where the daughter of the petitioner expressed her willingness to terminate the pregnancy as she was minor.

Pursuant to the direction of the Court, a medical board was constituted which filed its report recommending that the abortion be conducted. 

Referring to the Supreme Court's direction in the case of Murugan Nayakkar Vs. Union of India & Ors. 2017, wherein the termination of the pregnancy of a 13-year-old rape victim was allowed, the High Court allowed the termination of the pregnancy "considering the age of the girl, trauma which she has to suffer, the agony she is going through at present and the medical report submitted by the Medical Board".

"Since there is risk to the life of the pregnant minor girl and of grave injury to her physical and mental health, this Court 10 is of the opinion that it cannot remain a silent spectator to the agony of minor undergoing torture and has to act and take a decision," the Court said as it allowed the plea directing an inter-disciplinary team of doctors of G.R. Medical College, Gwalior to carry out the necessary procedure of termination of pregnancy.

Case title - XYZ vs State and Madhya Pradesh and others

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