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CHANDRA KUMAR SONGARA
Victim – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Instant miscellaneous petition under Section 482 of Cr.P.C. has been preferred by the petitioner/victim of sexual abuse aged seventeen-years through her natural guardian mother - Smt. Lali Luhar, seeking direction for termination of her pregnancy, as she no longer intends to continue with unwanted pregnancy.
2. A Co-ordinate Bench of this Court vide order dated 01.06.2021 had directed the S.H.O. Police Station, Brahampuri, Jaipur City (North) to procure medical examination report of the petitioner/ victim from the Medical Board regarding risk involved in termination of pregnancy of the petitioner/victim.
3. In compliance of the aforesaid order dated 01.06.2021, the medical examination report of the Medical Board, S.M.S. Hospital, Jaipur, vide letter No.898 MB/Chiswa/2021 dt.04.06.2021, has been placed before this Court and the same is taken on record.
4. The Opinion of the Medical Board reads as under :-
The court established that minors can terminate pregnancies resulting from sexual abuse with guardian consent, prioritizing mental health considerations.
The central legal point established in the judgment is the interpretation and application of the Medical Termination of Pregnancy Act, 1971, in the context of a minor victim of rape seeking terminati....
The court allowed the termination of a minor's pregnancy resulting from rape, prioritizing her mental health and well-being over the continuation of the pregnancy.
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 court ruled that a minor victim of rape may have her pregnancy terminated under the Medical Termination of Pregnancy Act, 1971, if it poses a grave risk to her mental health.
A minor rape survivor's mental health is a critical consideration in granting permission for medical termination of pregnancy beyond statutory limits.
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 main legal point established in the judgment is the recognition of a woman's right to make reproductive choices, including the right to terminate pregnancy, particularly in cases of pregnancy cau....
The Court reiterated that the rights of minor victims of sexual assault must be balanced with welfare considerations in matters of pregnancy termination under the Medical Termination of Pregnancy Act....
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