Madhya Pradesh High Court: In a writ petition seeking medical termination of pregnancy of a minor rape survivor, a single-judge bench comprising of Subodh Abhyankar, J., held that Article of the (Right to Life and Personal Liberty) includes the right to live with dignity, which was infringed upon by not informing the survivor and her family about the pregnancy and the right to terminate it. The Court disposed of the writ petition with specific directions to prevent future delays and ensure that survivors of rape and their families are promptly informed of their rights regarding pregnancy termination under the relevant law.
In the instant matter, the petitioner, father of a minor rape survivor, filed a writ petition seeking medical termination of his daughter’s pregnancy. The survivor was abducted on 28-01-2024, recovered 01-03-2024, and found to be pregnant after an MLC (Medico-Legal Case) examination on the same day. Despite the pregnancy being detected on 01-03-2024, the writ petition for termination was only filed on 08-04-2024. The Court initially ordered a medical assessment of the survivor, revealing her haemoglobin deficiency, delaying the termination until her health improved. The pregnancy was ultimately terminated on 17-04-2024. The main issue in the present matter, whether the treating doctor and the police officer failed to inform the petitioner or the survivor’s relatives about the pregnancy and the legal options for termination and if yes, whether such non-disclosure violated the survivor’s rights under Article of the .
The Court noted that there was a significant delay between the detection of the survivor’s pregnancy and the filing of the writ petition, raising concerns about communication from the authorities to the survivor’s family. The Court noted that the Sub Inspector claimed to have informed the petitioner about the pregnancy, but no evidence showed that the survivor’s hostel superintendent was informed. The Court further noted that the State asserted that the survivor’s mother was present and aware during the MLC, however, the same was not corroborated by documentation.
While emphasising on the duty of authorities to inform the survivors and their families about their rights under the (MTP Act), especially in cases involving minors, the Court condemned the lack of proper communication by the investigating officer and the treating doctor regarding the survivor’s pregnancy and the legal right to terminate it. The Court held that failure to provide necessary information related to ‘right to terminate the pregnancy of the survivor/prosecutrix before 22 weeks’ infringes upon the survivor’s right to live with dignity under Article of the . The Court directed that —
In all future rape cases where the survivor is found to be pregnant, the police and treating doctors must inform the survivor and her family about the right to terminate the pregnancy under the MTP Act.
Such information must be documented in writing by the investigating officer and the treating doctor.
Non-compliance with this directive will be considered contempt of court.
The Court disposed of the writ petition with specific directions to ensure that survivors of rape are promptly informed of their legal rights regarding pregnancy termination. The Court further directed that a copy of the court order is to be sent to all police stations and government hospitals in the State of Madhya Pradesh.
[Harish Devda v. State of M.P., Writ Petition No. 9585 Of 2024, order dated 30-04-2024]
Advocates who appeared in this case :
Shri Lucky Bijolia, Counsel for the Petitioner
Ms. Harshlata Soni and Ms. Geetanjali Chaurasia, G.A., Counsel for the Respondents
Buy Constitution of India
The post appeared first on .