In a significant ruling, the Madhya Pradesh High Court has allowed a minor rape victim, who is pregnant, to give birth to the child after she expressed reluctance to undergo medical termination of pregnancy. Her parents also supported her decision. The court directed the state government to arrange for the safe delivery of the rape survivor and bear all expenses on food, clothing, and education of the baby until the child attains the age of 16 years.
Background of the Case
The case was referred to the high court by the special POCSO judge posted at Mandleshwar in Khargone district. It was taken up as a suo motu petition seeking permission to terminate the pregnancy. When the matter came up before Justice R K Vani, the minor rape survivor and her parents, who were present in court, stated that they did not want the pregnancy terminated and requested that the petition be dismissed. Counsel for the state government also supported the stand taken by the rape survivor and her parents.
Court's Directive
Following this, the court disposed of the petition and directed the state government to take care of the prenatal and postnatal needs of the mother and her baby. The court specified that medical and food expenses during pregnancy would be borne by the state government. Additionally, the state will cover the expenses on education, food, and clothing of the child until the age of 16 years.
This decision ensures that the minor rape victim receives comprehensive support, allowing her to carry the pregnancy to term without financial burden. The state government's responsibility extends beyond childbirth, covering the child's upbringing for the next 16 years.
