Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption

The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.

The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that the fetus is of 30 weeks gestational age and there is a possibility of live birth as the fetus (unborn child) has crossed the age of viability (i.e. more than 24 weeks Gestational age), her father agreed to keep and look after the baby until the adoption.

In the victim's medical report, the Medical Board has unanimously opined that though the victim is medically fit to undergo any operation, however in view of the prematurity of the fetus, neonate (born fetus) may or may not survive.

Though her father agreed to keep the baby, he requested the Court that expenditure of medical facility, maintenance of newborn baby till adoption and other facilities, which are required for newborn babies may also be provided to the father of the petitioner by the State.

In view of this, the bench Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, apart from ordering for adequate medical facilities, directed the District Magistrate, Chandauli to provide ex-gratia payment to the rape victim in the light of the scheme known as 'Rani Laxmi Bai Mahila Samman Kosh'.

It may be noted that the medical report was filed by a team of doctors pursuant to the High Court's September 4 order, wherein the Court had requested the Medical Superintendent of Sir Sunder Lal Hospital, Banaras Hindu University, Varanasi to constitute a Five-Members Team headed by the Department of Obs & Gynae; Department of Anaesthesia and Department of Radio Diagnosis to examine the victim.

In its order, the court had also observed that forcing the victim to give birth to a child of a man who sexually assaulted her would result in unexplainable miseries to her. 

"In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy and fasten her with the responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother," the bench had said.

Case title - X vs. State Of U.P. And 4 Others [WRIT - C No. - 30708 of 2023]

Case Citation: 2023 LiveLaw (AB) 311

Click here To Read/Download Order