Allahabad High Court Calls for Comprehensive Policy on Timely Pregnancy Termination for Rape Survivors, Seeks Affidavit from UP Health Department

By  Rajesh Pandey

While hearing a suo motu Public Interest Litigation arising from a writ petition filed by a minor survivor under the POCSO Act seeking termination of pregnancy, the Allahabad High Court expressed concern over the continued influx of petitions from rape survivors who approach the Court at advanced stages of pregnancy.

The Bench comprising Justice Saumitra Dayal Singh and Justice Indrajeet Shukla noted that although Standard Operating Procedures (SOPs) are in place in Uttar Pradesh for medical termination of pregnancy up to 24 weeks, victims frequently gain knowledge of their pregnancy at a later stage.

As a result, they are often compelled to seek judicial intervention due to the narrow statutory time window.

Under existing law, termination of pregnancy is ordinarily permissible up to 20 weeks, and in specific circumstances — including cases arising from rape — up to 24 weeks.

However, the Court observed that in many cases, pregnancy is discovered or disclosed belatedly, sometimes owing to trauma, lack of awareness about legal rights and procedures, or inadequate guidance from authorities.

This delay often results in precious time being lost.

The Bench remarked that, wherever possible within the permissible gestational limit, the Court has consistently granted urgent relief in such matters.

Nevertheless, despite the State having framed SOPs to address these situations, petitions continue to be filed before the High Court.

This, the Court indicated, suggests shortcomings not in the law itself but in its implementation.

While acknowledging that the State of Uttar Pradesh has enacted laws and framed procedures demonstrating its intent to comply with statutory mandates, the Court observed that systemic gaps in execution appear to persist.

Survivors are still approaching the Court under its writ jurisdiction for relief, reflecting inadequacies in ground-level enforcement and awareness.

The Court further emphasised the need for a holistic framework to support victims at every stage — from the reporting of rape to the decision regarding continuation or termination of pregnancy.

It pointed out that State mechanisms must also account for situations where survivors choose to carry the pregnancy to term, including access to rehabilitation schemes, compensation, and the option of adoption where desired.

Additionally, the preservation of foetal evidence for a criminal trial was highlighted as an important consideration.

In its order dated February 6, the Bench clarified that while it was not presently mandating any specific new measure — such as enhanced compensation — it strongly felt that the State must formulate a comprehensive policy.

Such a policy, the Court observed, should include clear procedural guidelines, structured coordination among departments, and effective monitoring mechanisms.

It should be activated from the moment a case of rape or unwanted pregnancy is first reported, continuing until appropriate medical termination or treatment is provided.

The Court stressed the importance of appointing nodal authorities who would work in coordination with medical professionals, counsellors, probation officers, and other relevant agencies.

Expert counsellors, it noted, should guide victims and their families regarding available legal and medical options, ensuring informed decision-making within the statutory time frame.

Without such coordinated intervention at an early stage, the State’s objective of protecting and assisting survivors may remain unrealised.

The Bench also underscored the need for proactive measures to prevent pregnancies from crossing the 24-week legal threshold.

It suggested that immediate access to pregnancy testing and counselling upon reporting of sexual assault could help victims exercise their choice within the permissible limit.

To examine the existing framework and its implementation, the Court has directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh — the department responsible for women and child health — to file an affidavit detailing the measures in place and steps proposed to address the identified gaps.

The matter has been listed for further hearing on March 13.

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