Allahabad High Court Upholds Rape Survivor’s Right to Abortion, Orders Urgent Medical Exam

The Allahabad High Court ruled that a woman has the right to decide whether to continue a pregnancy resulting from sexual assault.

It heard a plea filed by a 17-year-old rape survivor’s father, seeking abortion permission under the Medical Termination of Pregnancy Act, 1971 (MTP Act).

The petitioner, pregnant at 19 weeks, sought termination. The court cited the MTP Act with its 2021 amendment, which allows abortion up to 24 weeks in certain cases, and ordered an immediate medical examination by a three-member medical committee.

Referring to Venkatalakshmi v. State of Karnataka, the bench held that forcing a victim to bear her assaulter’s child would cause severe mental anguish and violate her dignity.