Anguish Caused By Unwarranted Pregnancy From Rape Presumed To Cause Grave Injury To Victim's Mental Health: Rajasthan High Court

The Rajasthan High Court has allowed a rape survivor to medically terminate 18 weeks pregnancy, stating that the anguish caused by an unwarranted pregnancy arising out of rape may be presumed to constitute a grave injury to the mental health of the victim.

Notably, the petitioner-victim had also lodged an FIR at Police Station Kaman, Bharatpur for offences punishable under Sections 323, 341 and 376D of the Indian Penal Code. The present petition was filed seeking directions to terminate her unwarranted pregnancy as she no longer intends to continue with the same.

On 31.05.2022, a coordinate bench of the court had directed the Superintendent of Police, Bharatpur to ensure that the victim girl be medically examined by the Medical Board comprising of expert doctors of the field to opine about the status of the pregnancy of the petitioner as well as whether termination of pregnancy of the petitioner is feasible or not.

A vacation bench of Justice Sudesh Bansal, while allowing the petition, observed,

"The Chief Medical & Health Officer, Bharatpur is directed to constitute a team of Gynaecologist, who after obtaining the consent of the victim in writing and looking to the advanced stage and the physician health of the victim girl, to get the pregnancy terminated at the earliest, if medically possible."

The court ordered that the removed fetus should be preserved for the purpose of D.N.A. testing and to be handed over to the Investigation Officer for that purpose.

Further, the court also issued directions to the Secretary, District Service Legal Authority, Bharatpur to provide compensation, as per the Rules to the victim girl under the provisions of the Rajasthan Victim Compensation Scheme, 2011.

In addition to this, the court directed the Registrar (Judicial) to send a copy of this order to the Chief Medical & Health Officer, Bharatpur, concerned Station House Officer of Police Station Kaman, Bharatpur and the Secretary, District Service Legal Authority, Bharatpur.

The petitioner's counsel placed reliance on Minor P v. State of Rajasthan & Ors. [S.B. CRLMP No. 2850/ 2021] and Smt. M. v. State of Rajasthan & Ors. [S.B. CRLMP No. 122/ 2019], whereby the coordinate benches of the High Court have granted permission for termination of pregnancy of term 24 weeks and 28 weeks respectively.

It was argued that as per Section 3(4)(a) of the Medical Termination of Pregnancy Act, 1971, no pregnancy of a woman, who has not attained the age of 18 years except with the consent in writing of her guardian. It was added that as per Explanation 2 of the Section 3(2) of the Act, when the pregnant woman alleges that pregnancy is caused by rape, the anguish caused by such unwarranted pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman.

Adv. Mukesh Kumar Saini appeared for the petitioner while GA cum AAG G.S. Rathore appeared for the respondents.

Case Title: Victim v. State of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 196

Case No.: CRLMP/ 4448/ 2022