Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor

The Chhattisgarh High Court on Thursday allowed the prayer of a minor rape victim for abortion of her 24 weeks 6 days old foetus and held that a victim/prosecutrix cannot be compelled to give birth to the child of her rapist.

While emphasizing the right to bodily autonomy of the victim/petitioner, the Single Bench of Justice Bibhu Datta Guru observed –

“The victim of rape must be given that much of liberty and right to decide whether she should continue with the pregnancy or she should be permitted to terminate the pregnancy.”

Case Background

The petitioner, who is a minor girl, was subjected to forcible sexual intercourse by the accused as a result of which she became pregnant. As the petitioner was unwilling to give birth to a child born out of rape, which has caused a great deal of anguish to her, she filed this petition seeking medical termination of the foetus.

By an order dated 31.12.2024, the Court had requisitioned a report from the Chief Medical & Health Officer/Civil Surgeon, Raigarh. In compliance of the said order, the concerned authority medically examined the victim and submitted the report before the Court.

Court's Order

The Court, at the outset, examined the relevant legal provision i.e. Section 3 of the Medical Termination of Pregnancy Act, 1971, which provides for termination pregnancy by registered Medical Practitioners. It also referred to the precedents set by the Apex Court in the subject matter, including in Suchita Srivastava and Another v. Chandigarh Administration.

It also placed reliance on Mrs. A v. Union of India & Ors., wherein the Supreme Court granted permission for termination of pregnancy of a woman, aged 22 years, in her 25th to 26th weeks of pregnancy holding that continuation of pregnancy can pose severe mental injury to her and no additional risk to her life is involved if she is allowed to undergo the termination.

Above all, Justice Guru also relied on the landmark case of X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi & Anr., wherein the Supreme Court has unequivocally held that the rights of reproductive autonomy, dignity, and privacy under Article 21 give an unmarried woman the right of choice on whether or not to bear a child, on a similar footing of a married woman.

Against such precedential backdrop, the Court analysed the facts of the case in hand. From the medical report, it was revealed that the petitioner was carrying a 24 weeks and 6 days old foetus. Further, it was stated that if she is allowed to continue pregnancy, she may deteriorate her mental health and possibility for developing ante-natal/post-partum mental illness cannot be ruled out.

Therefore, in the interest of the victim-petitioner and also having regard for her bodily autonomy guaranteed under Article 21 of the Constitution, as has been bolstered by a catena of judgments, the Court held that she must be given liberty and right to decide whether she ought to continue with the pregnancy or not.

“In the facts of the case in hand, it is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy,” it noted.

Accordingly, after taking into consideration the facts including the circumstances stated by the victim, her gestational age and judicial precedents, the Court ordered that she shall be admitted to the Kirodimal Government District Hospital, Raigarh/Medical College Hospital (with ICU facilities) and authority concerned was directed to depute expert registered medical practitioners to cause termination of petitioner's pregnancy.

Case Title: ABC (Minor) Through Natural Guardian XYZ v. State of Chhattisgarh & Ors.

Case No: WPC No. 6513 of 2024

Date of Order: January 02, 2025

Counsel for the Petitioner: Mr. Basant Dewangan, Advocate

Counsel for the State: Mr. Praveen Das, Dy. Adv. General

Citation: 2025 LiveLaw (Chh) 1

Click Here To Read/Download Order