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VINAY SARAF
A Minor – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
1. The present petition is preferred by the father of minor rape victim seeking directions from this Court to get terminated her pregnancy. The name of the victim has not been disclosed in this order in view of the provisions of Section 5A of the Medical Termination of the Pregnancy Act, 1971.
2. As per petition, the petitioner has completed her age of 14 years just few days back i.e. on 03.10.2024. An FIR was lodged at Police Station, Narmadapuram Dehat, District Narmadapuram registered as Crime No.482/2024 under Sections 3 76(3), 376(1), 506 (j) (ii) of POCSO Act, 2010 upon the complaint lodged by the petitioner at Police Station, Kotwali, District Betul on 18.09.2024. As per petition, the petitioner was subjected to sexual assault and rape by her relative and later on she was found pregnant. When report was lodged, she was having pregnancy of 26 weeks. The minor petitioner again examined by doctor on 01.10.2024 and it was found that the gestational age of the fetus is about 28 weeks and six days. As the petitioner is minor girl of tender age 14 and is not capable to take care of child and if permitted to give birth to a child, it will result in mental, physical, emotional
The right to terminate a pregnancy under the Medical Termination of Pregnancy Act is upheld as fundamental to the autonomy and dignity of a minor rape victim, despite gestational limits.
The court affirmed the right to reproductive autonomy under Article 21, allowing a minor victim of rape to terminate her pregnancy, emphasizing the importance of her consent and well-being.
Medical termination of pregnancy – Consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount – In case there is a divergence in opinion of a pregnan....
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.
The court permitted the termination of a minor's pregnancy beyond the statutory limit due to mental trauma and lack of fetal abnormalities, emphasizing judicial discretion in sensitive cases.
The court underscores the significance of mental health for minors and affirms the right to seek medical termination of pregnancy under exceptional circumstances.
Termination of 28-week high-risk pregnancy of minor victim permitted beyond statutory limit, safeguarding physical/mental health and right to dignity under Article 21 based on Medical Board opinion.
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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