JAIPUR: The Rajasthan High Court has allowed a 16-year-old rape survivor to terminate her pregnancy of 26 weeks and two days, ruling that a minor cannot be forced to carry an unwanted pregnancy against her wishes as it would violate her autonomy and dignity.
Court Ruling on Reproductive Autonomy
“Reproductive autonomy forms an essential component of personal liberty, privacy and dignity protected under Article 21 of the Constitution. A woman’s right to make decisions concerning her own body includes the right to decide whether to continue or terminate a pregnancy,” the court said.
Justice Bipin Gupta, in an order passed on June 16, said that while the Medical Termination of Pregnancy Act prescribes statutory limits, constitutional courts can grant relief where fundamental rights are at stake.
Petition and Medical Board Assessment
The petition had sought permission for termination of the pregnancy. A Medical Board constituted by Zenana Hospital and Medical College, Jhalawar, assessed the gestational age at 25 weeks and two days and noted that continuing the pregnancy could affect the survivor’s mental and physical health. It also recorded her wish to terminate the pregnancy.
Court Orders and Directives
Allowing the plea, the court said forcing a woman, particularly a minor, to continue an unwanted pregnancy may cause severe psychological, emotional and physical hardship and undermine her decisional autonomy. The court directed the superintendent of SHKBM Hospital and Medical College to carry out the termination at the earliest, as medically required and in accordance with law. It ordered that the survivor be given necessary care, nutritious food and medical attention without any fees, while ensuring confidentiality of her identity at every stage.
Compensation and Future Care
The Rajasthan State Legal Services Authority and District Legal Services Authority were directed to pay compensation under the Rajasthan Victim Compensation Scheme, 2011, within three months. The amount must be kept in a fixed deposit in the survivor’s name for six years.
The court also ordered preservation of foetal tissue in case of stillbirth for DNA testing. If the child is born alive, the hospital must provide treatment, and if the survivor declines responsibility, the State must assume care under juvenile justice laws.
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