"She Has To Face Lifetime Anguish If Forced To Give Birth, Child Will Also Face Disdain": Chhattisgarh HC Allows Termination Of Pregnancy Of Rape Victim

The Chhattisgarh High Court on Friday allowed the medical termination of pregnancy of a rape victim after observing that forcing her to give birth to the child will be subjecting her to face lifetime anguish in the given social scenario.

A single judge bench comprising of Justice Goutam Bhaduri observed thus:

"It is obvious that if the victim is subjected to rape and if she is forced to give birth to a child in the social scenario she has to face a life time anguish apart from the fact the child who is born will also have to face disdain of the society. Under the circumstances, it is directed that the petitioner shall be entitled to Medical termination of pregnancy."

The development came in a plea filed by a woman who had conceived after she was subjected to rape. She had sought termination of pregnancy under the provisions of Medical Termination of Pregnancy Act, 1971.

It was the case of the petitioner that that if she is forced to continue the pregnancy which is caused by rape, anguish would be caused and would eventually constitute a grave injury to her mental health.

In support of this, medical reports dated 17th June and 23rd June 2021 wherein she was examined by District Medical Board hospital, Durg were placed on record wherein the Doctor had opined that she may undergo Medical termination of pregnancy safely as she was 14 weeks 3 days pregnant.

In view of the facts of the case, the Court analysed the recent notification dated 25.03.2021 amending sec. 3 of the Act and observed thus:

"Reading of the said section would show that the length of pregnancy can be terminated in opinion of registered medical practitioner formed in good faith that pregnancy would cause grave injury to physical and mental health of woman and where the length of pregnancy does not exceed twenty weeks."

Furthermore, it said:

"Explanation 2 the same is prescribed wherein it is stated that the pregnancy which is caused by rape would presumed to cause grave injury to mental health of the pregnant woman. The fact of rape is also supported by the State that the victim was subjected to rape."

The Court directed that the State Government shall form a panel of expert doctors at the District Hospital Durg as early as possible to deal with the case in hand.

"The hospital shall take due care of the petitioner's health and provide her all medical support. It is further directed that the DNA of the child shall also be preserved considering the fact that the victim has already lodged a report under Section 373 which will eventually be required at a future date." The Court directed.

Title: ABC v. State of Chhattisgarh & Ors.

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