GUWAHATI: The Kerala High Court has granted permission for a 16-year-old rape survivor to terminate her 28-week pregnancy, emphasising that denying such a request would violate her right to live with dignity. Justice Kauser Edappagath, in a landmark judgement, observed that forcing a rape survivor to carry a pregnancy to term would infringe upon her fundamental rights.
The case involved a petition filed by a minor rape survivor through her mother. The court was informed that the girl, a 9th-grade student, was sexually abused by her 19-year-old "lover" and became pregnant. A case was registered against the man, alleging offences punishable under Section 376 (rape) of the Indian Penal Code (IPC), various provisions of the Protection of Children from Sexual Offences Act (POCSO), and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act).
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The court cited the provisions of the Medical Termination of Pregnancy (MTP) Act, which allows termination of pregnancy up to 24 weeks, with exceptions for circumstances where continuing the pregnancy poses a grave risk to the physical or mental health of the woman. Justice Edappagath noted that the Act explicitly states that a pregnancy resulting from rape is presumed to cause grave injury to the mental health of the woman, making it clear that a rape survivor cannot be compelled to carry the pregnancy to term.
"Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity, which forms a significant part of the right to life guaranteed under Article 21 of the Constitution," the court stated.
The court also highlighted the trauma and distress caused to women forced to carry unwanted pregnancies, particularly after sexual assault. It underscored that reproductive rights are fundamental and include the right to choose whether and when to have children, as well as the right to access safe and legal abortions.
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The court's decision was based on a medical board's report, which concluded that continuing the pregnancy could be detrimental to the survivor's mental and physical health. Given her status as a member of a scheduled caste community, the court also noted the possibility of social isolation.
Consequently, the court granted permission for the medical termination of pregnancy and issued directions for the procedure. If the fetus is found to be alive after the procedure, the hospital has been instructed to provide care, with the state assuming full responsibility and offering medical aid under the Juvenile Justice (Care and Protection of Children) Act.
