High Court orders termination of pregnancy of a rape victim

Madhya Pradesh High Court: The vacation bench comprising of Vandana Kasrekar, J. allowed the writ petition filed by a rape victim for termination of her pregnancy.

The petitioner was an unmarried girl, who became pregnant as a result of rape committed on her. She was raped by the accused who initially expressed the desire to marry her, however afterwards, he refused. FIR was filed against the accused of the offence punishable under Section 376 IPC. During the investigation, MLC was conducted and it was found that the petitioner was carrying a pregnancy of 8-9 weeks. The petitioner submitted an application before the Additional Sessions Judge under Section 3 of Medical Termination of Pregnancy Act 1971, for termination of her pregnancy praying that she did not want to give birth to such unwarranted baby. The Additional Sessions Judge dismissed the application on the basis of the report of Respondent 6 that the petitioner was carrying a pregnancy of more than 10-11 weeks. Being aggrieved, the petitioner filed the instant writ.

The High Court, on 7-6-2018, had directed the Government Advocate to examine the petitioner before the District Medical Board. In pursuance of the said direction, the petitioner was examined by the District Medical Board on 11-6-2018. The report of the Board was placed on record by the learned Government Advocate. The Court perused the report and found that no such fact was mentioned in the report which would compel the Court not to grant relief to the petitioner. On the basis of the opinion of the Board, the High Court held that there was no impediment to order termination of petitioner’s pregnancy. Accordingly, the petition was allowed and the order passed by Additional Sessions Judge was set aside. The respondents were directed to provide proper medical facilities to the petitioner for terminating her pregnancy by a team of doctors. [‘X’ v. State of M.P., WP No. 12463 of 2018, decided on 14-06-2018]

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