"Right to terminate pregnancy on the basis of rape" - The Uttarakhand High Court

The Uttarakhand High Court has said that a girl who survives rape has the right to terminate her unwanted pregnancy, which allows a 16-year-old petitioner to abort a 28-week-old foetus. On the basis of rape, one has the right to terminate the pregnancy. The victim of rape has the right to choose to become pregnant. Don't get pregnant under the conditions. (Pregnancy Act).

The petitioner, a minor, had approached the court through her father, seeking permission to

terminate her pregnancy. However, the medical board formed on the order of the court found that she was more than 28 weeks pregnant. Under the Medical Termination of Pregnancy (Amendment) Act, 2021, the current upper limit for abortion in India is set at 24 weeks.

Furthermore, the medical board opined that abortion at such an advanced stage could be a significant risk; for the applicant. Considering the risk to the mother and the foetus, terminating the pregnancy at this stage is not appropriate, the report said. He added that at this stage a baby can be born with many abnormalities.

Considering all the points of law and facts, the court concluded:

In these circumstances, if the petitioner is forced to continue the pregnancy, it will violate his right to live with human dignity, which is guaranteed under Article 21 of the Constitution of India. It is in the best interests of the applicant to allow the applicant to undergo a medical termination of her pregnancy.

However, the court directed that the medical termination of the petitioner's pregnancy should be done within 48 hours of the senior gynecologists' under the guidance of the medical board submitting a copy of the order to the Chief Medical Officer. During the medical termination procedure, if they feel any danger to the applicant';s life, they will have the discretion to cancel the procedure.

Legal News by Abhayraje Kapase.