High Court observes, Rape Victim's Pregnancy is a grave injury to her Mental Health

The Rajasthan HC on Wednesday permitted to terminate the pregnancy of two rape survivors. One of the survivors was a minor whose foetus was over 23 weeks.

The court in two separate orders asked the CMHOs of Kota & Jhunjhunu to constitute a medical board to conduct the termination of the pregnancies after getting written permission from the rape survivors & their guardians. The court also directed the health officials to preserve the foetus for DNA testing in future.

The petitioner’s counsel Shalini Sheoran said in the case of the rape victim from Kota district, the court had earlier rejected the request for termination of pregnancy on the ground that the term of pregnancy of the victim is more than 20 weeks & there is a bar under Sections 3(4)(a) of the Medical Termination of Pregnancy Act 1971 on termination of pregnancy of a woman less than 18 years of age.

The court observed that the petitioner is a minor who is subject to rape. Anguish caused by such pregnancy shall be presumed to be constituted a grave injury to the mental health of the victim.

The court said the denial of permission for termination of pregnancy of less than 18 years without the permission of the guardian is misreading the provision of sub section 3 (4) as in both the cases the girls fathers had approached the court.

(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)

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