Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC

The Madhya Pradesh High Court has recently observed that not permitting a rape victim, suffering from severe mental problems, to undergo Medical Termination of unwarranted pregnancy would be violative of her bodily integrity.

Allowing medical termination of pregnancy of 23 year old rape victim survivor whose mental age was found to be that of a minor, being only 6 years, a division bench comprising of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla observed thus:

"Not permitting the rape victim in the present case to go in for medical termination of unwanted pregnancy would amount to compelling her to continue to bear such pregnancy for full duration and deliver the child, which would be violative of her bodily integrity, which would not only aggravate her mental trauma but would also have devastating effect on her overall health including on psychological and mental aspects."

Furthermore, it said:

"This is violative of her personal liberty, to borrow the words of the Supreme Court in Suchita Srivastava case because "a woman's right to make reproductive choices is also a dimension of "personal liberty" as understood under Article 21 of the Constitution of India". In the peculiar facts of the case, her personal integrity has to be respected."

The Court was dealing with a petition filed by mother of the victim praying for allowing her medical termination of pregnancy. A Sessions Court had vide order dated 6th July rejected her application for permission to terminate the pregnancy which was challenged in the plea.

It was the case of the petitioner that her daughter informed her in sign language that she was having stomach pain. Later, it was learnt from further enquiry that she was raped by one of her neighbours.

An FIR was therefore lodged under sec. 376(2)(1) of IPC. The accused was arrested on 20th June, 2021. Victim's pregnancy was later confirmed on 22nd June after she was medically examined which stated that she was carrying pregnancy of 22 weeks.

The High Court had vide order dated 12th July constituted Multi Disciplinary Medical Board for conducting a radiological examination of the foetus to determine the status of its health and also to give a bona fide opinion as to whether the medical termination of the pregnancy would be necessary to save her life.

The Medical Board was of the opinion that the victim had history of delayed milestone, poor understanding, poor self-care, inabilities to speak, drooling of saliva and that she suffered from severe mental retardation.

Analysing the relevant provision in this regard, the Court opined that as per the second explanation under sec. 3(2) of the Medical Termination of Pregnancy Act, it is provided that where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.

In view of this, the Court observed thus:

"In our considered view, in a situation like this, it would be hazardous to allow her to continue with the pregnancy till full duration. It may even be more dangerous to the unborn child too. In facts like these, this Court cannot lose sight of the psychological trauma the victim would have to undergo all this time."

Furthermore, it said:

"The Court would also be entitled to reasonably visualise the environment in which the victim will have to live in immediate foreseeable future to decide the question of her mental health."

The Court allowed the petition by directing the Superintendent of Police to arrange for transportation of the victim with her parents to a hospital in Bhopal.

The Court also directed that DNA sample of the foetus shall be saved for the purposes of evidence to be led by the Prosecution before the Court with regards to the criminal case registered in the matter.

Title: X v. State of Madhya Pradesh and others

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