Psychological Aspect Not Enough To Put Two Lives In Danger: Rajasthan HC Dismisses Plea For Termination Of Minor Rape-Survivor's Pregnancy

Rajasthan High Court rejected a petition by the father of a minor rape victim for termination of his daughter's 26-weeks pregnancy, since the same was medically opined as dangerous for both the girl as well as the foetus.

The bench of Justice Avneesh Jhingan ruled that the social, economic and psychological impacts were to be taken into consideration while taking the decision, however, the psychological aspect based on the societal pressure in itself was not enough to put two lives in danger.

Pursuant to the petition being filed by the father, a medical board was constituted for examining the victim. The first report submitted by the medical board revealed that the pregnancy was in the high-risk category and taking into account the hemoglobin levels as well as the platelets count of the victim, the risk in termination was opined to have multiplied.

The medical board was instructed to give a clear opinion, in their next report, on whether the symptoms making the termination dangerous could be treated immediately. In the next report, the medical board concluded that the termination of pregnancy at that stage would be of high risk for both the victim and the foetus as compared to continuation of pregnancy.

However, based on psychological assessment of the victim and the social status of her family, it was stated that the continuation of pregnancy shall be stressful and on combing, physical and psychological impact, termination of pregnancy was suggested by the medical board.

“In the psychological analysis, the heavy reliance is placed upon the fact that the victim and her father apprehend bad limelight in the society and facing difficulty in marriage and they may be outcasted.”

The Court stated that despite having a clear direction, the medical board did not give any opinion on whether the symptoms making the termination dangerous could be treated immediately and since this was a time-sensitive matter, no more time could be allowed for the same.

The Court held that the apprehension of the victim and the father had a basis, however, to reach a decision about termination of pregnancy, many dimensions had to be considered. Amongst these, the most relevant consideration was the health of mother and foetus, and the chances of foetus survival.

In this light, the Court ruled that the psychological impacts alone were not enough to put two lives in danger. The Court further made certain directions to take care of the apprehensions of the victim and her father that included complete privacy of victim's identity at all stages; free of cost medical facilities; handing over of the child to the child welfare committee after birth for adoption, expeditious awarding of interim compensation to the victim etc.

Accordingly, the petition was disposed of.

Title: Victim Minor through natural guardian v State of Rajasthan & Ors.

Citation: 2024 LiveLaw (Raj) 326

For Petitioner(s): Ms. Sangeeta Kumari Sharma

For Respondent(s): Mr. Vigyan Shah, AAG with Mr. Yash Joshi and Mr. Pulkit Bhardwaj, AGC; Mr. Neeraj Batra, GC; Ms. Suman Shekhawat, Dy.GC with Mr. Virendra Pratap Singh; Mr. Rajendra Singh Rathore; Mr. Braj Narain Sharma, CWC, Chairperson, Kota

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