Pregnancy Caused By Rape May Constitute Lifelong Mental Agony, Pose Socio-Economic Problems: Gujarat High Court Grants Relief To Minor

The Gujarat High Court recently allowed the plea of a minor rape victim to terminate her 6 weeks old pregnancy, on the ground that if pregnancy continues, it would cause lifelong mental agony to the her coupled with socio-economic problems.

"Petitioner is pregnant because of forcible rape by the accused...because of continuation of pregnancy, it would cause or constitute a grave injury to the mental health of the minor – victim coupled with the fact that bearing and rearing of child in the womb would create a great mental agony to her for her entire life and invite many other socio-economical problems. This can be said to be a grave injury to the mental health of the pregnant woman."

Justice Vipul Pancholi was hearing the application filed by a 17 years old rape victim. The same was allowed in accordance with Section 3 of the Medical Termination of Pregnancy (Amendment) Act 2021.

The Judge noted that as per Section 3 of the MTP Act, 2021, where the length of pregnancy does not exceed 12 weeks, the registered Medical Practitioner and where such length of pregnancy exceed 12 weeks but does not exceed 20 weeks, two Medical Practitioners can terminate the pregnancy. But they have to form an opinion that the continuation of pregnancy would invoke a risk to the life of the pregnant woman or of grave injury to her physical life of the pregnant woman or of grave injury to her physical or mental health or there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped.

The brief facts of the case were that the accused person had kidnapped the Petitioner and had raped her following which an FIR was filed against him under Sections 363, 366, 376(n) of IPC and Sections 4, 5(L), 6, 8 and 12 of POCSO Act. It was found that the victim was pregnant by 6 weeks and 3 days and was undergoing severe mental agony. The father of the Petitioner, accordingly, produced a consent letter on her behalf to terminate her pregnancy.

The Petitioner averred that the pregnancy would cause grave injury to her mental health and therefore, she should be permitted to terminate it. Reliance was placed on Ms Z vs State of Bihar (2018) 11 SCC 572 to show that in a case of pregnancy of 12 weeks, permission could be granted for termination. It was also prayed that the Respondent authorities conduct the medical termination of pregnancy with two qualified surgeons including Gynecologist, Obstetrician and others to avoid any physical harm.