MP High Court Allows Termination of Minor Rape Survivor’s Pregnancy Beyond 24 Weeks

MP High Court Allows Termination of Minor Rape Survivor’s Pregnancy Beyond 24 Weeks

  • Case Name: Survivor v. Superintendent of Police Dept., Bhopal

The Madhya Pradesh High Court permitted the termination of a minor rape survivor’s pregnancy despite exceeding 24 weeks, stating that forcing her to continue the pregnancy would cause significant hardship.

The Court cited X v. State (NCT of Delhi), (2023) 9 SCC 433, which recognized a woman’s right to terminate a pregnancy based on medical and socio-economic factors.

The 17-year-old survivor sought termination, but Gandhi Medical College and Hamidia Hospital denied it under the Medical Termination of Pregnancy Act, 1971

The Court mandated expert medical supervision, informed consent, post-operative care, and preservation of fetal DNA for prosecution.

It also directed the State to care for the child if born alive. The appeal was allowed, and termination was granted.

HC Order / 8 months ago

 Chetna GuptaBookmark