'She Is A Student Being Raised By A Single Parent': Karnataka High Court Permits Alleged Rape Victim To Abort 24 Weeks+ Pregnancy

The Judge added, "I am therefore of the view that this is an extraordinary case which requires a direction to be issued to the 2nd respondent (District Health Surgeon, Belgavi) for terminating the pregnancy of the petitioner. The 2nd respondent shall ensure that the Medical Practitioners terminate the pregnancy in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971 forthwith."

The survivor claimed that she was subjected to rape on 16.08.2021. She was a minor at the time.

Her request for termination of pregnancy was not entertained in view of the fact that the length of pregnancy was more than 24 weeks.

It may be noted at this juncture that whenever the length of pregnancy exceeds 24 week, the Medical Practitioners are not permitted to terminate pregnancy and request for the same can only be considered by the constitutional Court having regard to the fundamental right guaranteed to a lady under Article 21 of the Constitution, vis-à-vis an intrusion into her body and consequences thereon.

Accordingly, the survivor approached the High Court, which directed that a Medical Board be constituted to render an opinion as to whether continuation of pregnancy would constitute a grave risk to the physical and mental health of the petitioner.

The board opined that the pregnancy of the petitioner is required to be terminated as continuation of the same would endanger her physical and mental health.

The court, on going through the records, noted that the petitioner's length of pregnancy is 24 weeks 4 days. In other words, the outer limit of 24 weeks has been exceeded only by 4 days.

The court also took into consideration that the petitioner's father is no more and she has been raised by her mother alone. It is also stated that the petitioner is a student studying in 2nd year PUC and her mother is eking out of her livelihood as an agriculturist.

Accordingly, the court allowed the petition with a direction to the 2nd respondent to ensure that the foetus extracted shall be retained for the purpose of criminal prosecution.

Case Title: Kumari V v. State of Karnataka and Ors

Case No: W.P.No.104672/2021

Date of Order: November 30, 2021

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