Minor girl has right to say yes or no to medical termination of pregnancy: Allahabad High Court
By Rajesh Pandey
While dealing with a petition seeking medical termination of pregnancy of a 17-year-old rape survivor, the Allahabad High Court observed the law provides the right to a victim of sexual assault to terminate her pregnancy medically, as she has a right about her body which includes saying ‘Yes’ or ‘No’ to being a mother.
The court added that section 3(2) of the Medical Termination of Pregnancy Act provides the right to a victim of sexual assault to terminate her pregnancy medically. Denying the right to choose not to be a mother of the child of the assaulter would add to their miseries, added the court.
Entertaining the petition, a division bench comprising of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar further observed,“ In the case of sexual assault, denying women right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity, as she has a right about her body which includes saying ‘Yes’ or ‘No’ to being a mother. Section 3(2) of the MTP Act reiterates the rights of a woman. To force the victim to give birth to the child of a man who sexually assaulted would result in unexplainable miseries.”
The petitioner, a 17-year-old, was lured and eloped by the accused. Later, upon complaint by the father of the petitioner, she was found. Subsequently, when the petitioner was medically examined for acute stomach ache, she was found to be three months and fifteen days pregnant. The counsel for the petitioner alleged that the petitioner was raped multiple times, and an investigation regarding the same has been requested before the sessions court.
Since the petitioner is now nineteen weeks pregnant, her counsel submitted that the pregnancy was causing her anguish and was detrimental to her mental health. It was also pleaded that the petitioner, being a minor, did not want the responsibility of a child.
The court observed that Rule 3B of the Medical Termination of Pregnancy, Rules 2003 [as amended by Medical Termination of Pregnancy (Amendment) Rules, 2021] provides for termination of pregnancy of up to 24 weeks for survivors of sexual assault or rape or incest and/ or if she is a minor. It further observed that explanation two to section 3(2)(b) of the MTP Act provides for termination of pregnancy between 20-24 weeks, if the pregnancy is caused by rape and such pregnancy shall continue to cause mental anguish to the survivor.
Noting that the Supreme Court and the Delhi High Court have allowed medical termination of pregnancy in similar circumstances, the court observed that the victim has the right to say yes or no to keeping the child conceived due to sexual assault.
Taking into account the urgency of the case, the court in its order dated February 10 directed a medical examination of the petitioner on the same day by a three-member medical committee.
