Recently, the Chhattisgarh High Court took up a deeply sensitive petition filed by a minor rape survivor seeking urgent relief regarding an unwanted pregnancy resulting from the assault. The Court approached the matter with caution, refraining from disclosing its conclusion at the outset while calling for medical evaluation and complete factual clarity before proceeding further.
The case arose from an FIR reporting forcible sexual intercourse, where the minor survivor moved the Court seeking permission to medically terminate her pregnancy. She further requested that the authorities be directed to arrange all necessary medical assistance and preserve the foetal DNA to support the ongoing criminal investigation. Her appeal was grounded in the severe emotional distress, trauma, and physical implications of being compelled to continue the pregnancy.
In response, the State produced a medical report prepared by a team of specialists at the District Hospital. The examination showed that the pregnancy had advanced slightly beyond twenty-one weeks but remained within the statutory outer limit for termination. The medical team found her physically and mentally capable of undergoing the procedure, and the State placed this report before the Court without contesting the survivor’s circumstances.
While assessing the case, the Court revisited the Medical Termination of Pregnancy Act, 2021, particularly the provision allowing termination up to twenty-four weeks for prescribed categories, including survivors of sexual assault. It also considered landmark decisions where the Supreme Court emphasised reproductive autonomy and held that pregnancies caused by rape are presumed to inflict grave mental injury. The Court observed that forcing a minor to carry such a pregnancy would severely compromise her mental and physical health and undermine her bodily integrity and personal liberty.
After reviewing the statutory framework, medical findings, and constitutional protections, the Court concluded that continuation of the pregnancy would only deepen the survivor’s trauma. The petition was therefore allowed, with directions to the authorities to ensure termination under specialist supervision and to preserve the foetal DNA sample for use in the criminal case.
Case Title: A. v. State of Chhattisgarh
Case No.: WPC No. 6057 of 2025
Coram: Hon’ble Mr Justice Parth Prateem Sahu
Counsel for the Appellant: Adv. Aman Tamboli,
Counsel for the Respondent: Govt. Adv. Upasana Mehta
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