Chhattisgarh High Court: In a writ petition filed by a minor seeking direction to the authorities to form a panel of expert medical practitioners for termination of her pregnancy, a Single Judge Bench of Bibhu Datta Guru, J., allowed the petition while issuing directions and held that a rape victim must be given the liberty and right to decide whether she should continue with the pregnancy or be permitted to terminate it.
Background
The petitioner, a minor girl, who became pregnant as a result of forcible sexual intercourse filed this petition to abort the pregnancy as it caused her anguish, and she did not wish to have a child born out of a person who had ravished her without her consent and subjected her to humility before the society. This Court, vide order dated 31-12-2024, called for a report from the Chief Medical & Health Officer, Raigarh who examined the minor victim and submitted the said report.
Analysis and Decision
With regard to permitting termination of pregnancy in certain circumstances, the Court referred to Suchita Srivastava v. Chandigarh Admn. , wherein the Supreme Court had laid down the guidelines based on the principle of “best interests” theory and held that the Court is required to ascertain the course of action which would serve the best interests of the person in question. Reference was also made to X v. Union of India , wherein the Supreme Court held that termination of pregnancy after 20 weeks to save life of pregnant woman (an alleged rape victim) in case of grave danger to physical and mental health of the said woman, is permissible.
Upon perusal of the medical report as well as certain other cases , the Court stated that the rape victim must be given the liberty and right to decide whether she should continue with the pregnancy or be permitted to terminate it.
The Court said it was quite vivid that the pregnancy of the petitioner had crossed 24 weeks of gestational age and unless there was a judicial order directing termination, the doctors may not be able to proceed with termination of pregnancy.
Thus, the Court allowed the petition and directed the petitioner to be admitted to Kirodimal Government District Hospital, Raigarh or Medical College Hospital on the same day or next day for the termination of petitioner’s pregnancy by expert registered medical practitioners. The Court further directed that the DNA sample of the foetus shall be preserved for further reference as the criminal case against the accused was pending.
[ABC v. State of Chhattisgarh, Writ Petition (Civil) No. 6513 of 2024, decided on 02-01-2025]
Advocates who appeared in this case:
For the petitioner: Basant Dewangan
For the respondent: Dy. Adv. General Praveen Das
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