'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim

Observing that "life is not just about being able to breathe, rather it is about being able to live with dignity", the Punjab & Haryana High Court has allowed termination of the 21-week pregnancy of a 13-year-old rape victim.

According to the Medical Termination of Pregnancy (MTP) Act, termination of the pregnancy can be allowed by the two registered medical practitioners for up to 20 weeks. However, beyond 20 weeks to 24 weeks, only certain categories of women are allowed to terminate pregnancy.

Stating that "such decisions are tough", Justice Namit Kumar said, "Life is not just about being able to breathe – rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval is a writing on the wall, it compounds agony of the child and leads to greater injustice."

It said that a balance needed to be drawn to examine the overall well-being, whether to shape the trauma of a victim or to prolong it by delivery of the child, who is to be only victimized. The choices thus reduce and it seems more prudent to allow the termination of pregnancy, the Court added.

A 13-year-old class 6 student had approached the High Court, alleging that she was raped and impregnated by the two accused persons.

It was submitted that after conducting a medical examination of the minor, she was found pregnant for 21 weeks and 02 days. In this regard, an FIR under Sections 4 and 5 of the POCSO Act and Section 376 IPC was registered at Police Station Sahnewal, Ludhiana. 

The counsel for the petitioner submitted that she was a minor and that continuation of her pregnancy would cause great physical and psychological trauma and further contended that the petitioner herself is dependent upon her parents and was not in a position to take care of the child.

A board of doctors was constituted and they opined that the minor girl's pregnancy was 21 weeks and 6 days on March 20 and the opined that her pregnancy could be terminated under MTP Act, 1971.

After hearing the submissions, the Court referred to X v. Union of India (2020) where the Supreme Court while considering the case regarding the medical termination of pregnancy of a 13-year-old rape victim, held that:-

“Considering the age of the petitioner, the trauma she has suffered because of the sexual abuse and the agony she is going through at present and above all the report of the Medical Board constituted by this Court, we think it appropriate that termination of the pregnancy should be allowed”. 

The Court noted that it is not in dispute that the victim is a minor even as on date and is dependent on her family.

"She is yet to complete her education and pursue her goals in life. It can also not be lost sight of the fact that the pregnancy is an outcome of violation of the minor. It is a testimony to her bruised body and soul.The child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo," the Court added.

It further said that as an unwanted child, the unborn child is also likely to either live a tormenting life filled with taunts to his/her origin or only to be given away.

It stated that in either of these situations, the mother as well as the child shall suffer social stigma and incarceration for the rest of their lives.

The same is not in the best interest of either of the mother; and her family already having expressed their unwillingness to bring up the child, it may not even be advancing the cause of the unborn, who will grapple to come to terms with life and be subjected to maltreatment for no fault, the Court held. 

Adding that there was no reason for the Court to presume that the opinion given by the Medical Board concerned was not in good faith, the Court directed the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh to take all appropriate and necessary steps required to carry out the medical termination of the pregnancy of the minor petitioner.

Consequently, the plea was allowed.

Also read: Right To Sexual Autonomy Comes With Responsibility But Can't Be Denied: P&H HC Directs Re-Examining Possibility Of Terminating 26-Week Pregnancy Of Class 12 Student

Ritu Punj, Advocate with Rekha Luhach, and Suraksha Masih, Advocates for the petitioner.

 Rajesh Sehgal, Addl. A.G., Punjab.

Citation: 2024 LiveLaw (PH) 94