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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Bibhu Datta Guru
ABC (Minor) Through Natural Guardian XYZ – Appellant
Versus
State Of Chhattisgarh Through Secretary, Ministry Of Public Health & Welfare – Respondent
ORDER :
Bibhu Datta Guru, J.
1. Petitioner is a victim of forcible sexual intercourse committed with her by the accused of Cr.No.21/2024 registered at police station Dongripali, District Sarangarh-Bilaigarh. As a result of said forcible sexual intercourse, the petitioner is carrying pregnancy, which she wants to abort, as the said pregnancy is causing her anguish and she does not want to have a child born out of a person who has ravished her without her consent and has subjected her to humility and embarrassment before the society.
2. This petition was filed on 30-12-2024 seeking a direction to the authorities to form a panel of expert medical practitioners for the purpose of termination of petitioner's pregnancy. By order dated 31-12- 2024, this Court had summoned for a report from the Chief Medical & Health Officer/Civil Surgeon, Raigarh. In compliance of the said order, the said authority examined the victim and submitted the report before this Court.
3. I have heard learned counsel appearing for the parties and perused the record.
4. So far as the proceedings for termination of pregnancy are concerned, the law in this regard has been framed in the Medical Termination of Pregnancy Ac
The court affirmed the victim's right to terminate her pregnancy exceeding 24 weeks, emphasizing mental health considerations as paramount, grounded in the Medical Termination of Pregnancy Act's prov....
The court affirmed that termination of pregnancy after 20 weeks for rape victims is permissible when mental and physical health risks are evident, prioritizing the victim’s best interests.
The court affirmed that a minor's right to terminate a pregnancy resulting from sexual assault is protected under personal liberty, emphasizing the need for medical supervision and parental consent.
The court affirmed that a victim's right to terminate a pregnancy due to rape is protected under the MTP Act, emphasizing the importance of mental health and autonomy in such decisions.
Termination of pregnancy beyond 24 weeks is permissible under specific conditions for minors when facing severe health risks, as affirmed by medical evaluation and consent of guardians.
Termination of unwanted pregnancy - Petitioner being a minor, 'substituted judgment' test would apply - Petitioner who is only sixteen years of age, does not want to continue with her pregnancy.
The central legal point established in the judgment is the recognition of a woman's reproductive autonomy and right to choose medical intervention to terminate her pregnancy, irrespective of her mari....
The court recognized the importance of a minor's mental health in allowing medical termination of pregnancy resulting from rape, reinforcing the rights of victims under the MTP Act.
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