MP High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy, Asks For Affidavit Stating She Won't 'Resile' Allegations At Trial

The Madhya Pradesh High Court last week permitted a minor girl to undergo medical termination of pregnancy, with the condition that herself and her father ought to submit an affidavit to the Investigating Officer stating that they shall not resile from their allegation that the pregnancy had occurred as a result of rape. 

Justice G.S. Ahluwalia also directed the Trial Court to submit its report before the Registrar General of the High Court, along with a deposition sheet of the victim in case she turned hostile and claimed that no rape had been committed, or claimed herself to be a major. 

The minor girl in this case alleged that the accused had raped her under the pretext of marriage, which resulted in her pregnancy. 

When the victim had been medically examined on December 30, 2023, the team comprising the In-charge of the Gynecology Department, the Senior Medical Officer of the Gynecology Department at the District Hospital Sagar, and Assistant Professor, Psychiatry Bundelkhand Medical College, Sagar opined that medical termination of pregnancy was possible at the stage. 

Taking note that the Court was seized with the plea for medical termination by a child of about 17 years, who is carrying a child of a rapist and that the father of the prosecutrix also did not want his daughter to give birth, Justice Ahluwalia observed, 

"...the child will also have social stigma throughout her life and the girl, who is 17 years of age, has to deliver a child which will certainly result in life threat to the pregnant minor girl". 

It thereby directed the medical termination to be conducted as soon as possible and directed the foetus to be sent for a DNA test along with a blood sample of the petitioner as well as the accused.

As a precursor to the conduct of the procedure of medical termination, the Court stipulated the following conditions:

"...before the termination of pregnancy of petitioner, father of petitioner shall submit his affidavit before the CJM, Sagar to the effect that she was subjected to rape by accused Kapil Lodhi and has filed the present writ petition for medical termination of pregnancy of his minor daughter and in the light of the permission granted by this Court, he is ready to get the pregnancy of his minor daughter terminated. Petitioner as well as her father shall also submit an affidavit to the Investigating Officer to the effect that since they have sought medical termination of pregnancy on the allegation of rape by accused Kapil Lodhi, therefore they would not resile from their statement even during the trial". 

The Investigating Officer was also directed to obtain the certified copy of the said affidavit and to keep the same in the case diary, and produce the same before the Board.

The Court clarified that the procedure to terminate the pregnancy shall be carried out only after the production of the same. 

"It is needless to mention that the Head of the Department of Gynecologists, Head of the Department of Anesthesia and all other Specialists will remain present at the time when termination of pregnancy will be carried out, as the girl is of tender age and as there may be a threat to the life of the girl also. Not only this, after the termination of pregnancy is carried out, the State of Madhya Pradesh shall ensure postoperative care of the girl (prosecutrix)," it said, adding that senior Doctors having experience in the field shall carry out the termination of pregnancy. 

Further, it was also clarified that doctors who took part in the procedure would have immunity in the event of the occurrence of any litigation arising out of the present order issued by the Court.

Counsel for the Petitioner: Advocate Vijay Shukla 

Counsel for the Respondents: Government Pleader K.S. Baghel

Citation: 2024 LiveLaw (MP) 5 

Case Title: A Minor Girl v. State of Madhya Pradesh & Ors. 

Case Number: WRIT PETITION No.31448 of 2023