Compelling Woman To Continue Unwanted Pregnancy Violates Fundamental Rights: Chhattisgarh High Court Grants Relief To Minor Rape Survivor

The Chhattisgarh High Court has recently opined that compelling a woman to continue with ‘unwanted pregnancy’ violates her fundamental rights. While allowing medical termination of pregnancy of an alleged minor rape victim, the Single Judge Bench of Justice P. Sam Koshy observed,

“It is by now a well settled principle that compelling a woman to continue with an unwanted pregnancy would violate her fundamental rights. The same has been the recent trend of many High Courts. The right to reproductive autonomy and privacy are considered fundamental rights in India which are protected under Article 21 of the Constitution which guarantees the right to life and personal liberty.”

The petitioner, a minor girl, was allegedly subjected to rape and got pregnant. When the petitioner approached a medical practitioner for terminating her pregnancy, the said practitioner orally refused as it involved a criminal case of rape.

Thus, the petitioner approached the High Court filing a writ petition asking the Court to order for the medical termination of her pregnancy. The State Counsel furnished a report prepared by the Chief Medical Officer who certified that pregnancy of the petitioner can be safely terminated.

Court’s Observations

Justice Koshy noted that the Indian Courts have, in the recent past, recognized women’s right to make decisions about their own bodies including the choice to terminate unwanted pregnancy. The Court opined that the victim in such case would have to undergo tremendous physical and mental trauma if made to undergo the entire period of pregnancy.

“The physical and mental trauma would further get enhanced if she becomes a mother. The mental trauma would also be there on the child to be born. One cannot forget the social stigma that would be attached with the victim firstly on becoming pregnant particularly when she is unmarried and secondly after giving birth to the child that social stigma would also be there upon the child born out of such an act all through the life,” it added.

Therefore, it held that for the overall well-being of the petitioner, both physically and mentally and considering the potential harm and distress that would arise if pregnancy is allowed to continue, it would be proper to permit her to undergo the termination of pregnancy.

Accordingly, the writ petition was allowed.

Case Title: A v. State of Chhattisgarh & Anr.

Case No.: WPC No. 2665 of 2023

Order Dated: June 19, 2023

Counsel for the Petitioner: Mr. Ravindra Kumar Agrawal, Advocate with Mr. Vivek Shrivastava, Advocate

Counsel for the Respondents: Mr. Rahul Jha, Govt. Advocate

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