The Rajasthan High Court has allowed a rape survivor to medically terminate an 18-week pregnancy, stating that the distress caused by an unwarranted pregnancy stemming from rape can be presumed to constitute serious harm to the victim’s mental health.
In particular, the petitioner-victim had also filed an FIR at Kaman Police Station, Bharatpur for offenses punishable under Sections 323, 341 and 376D of the Indian Penal Code. This petition was filed seeking instructions to terminate his unjustified pregnancy since he no longer intends to continue with it.
On May 31, 2022, a coordinated bench of the court had ordered the Bharatpur Police Superintendent to ensure that the victim girl is medically examined by the Medical Board composed of medical experts in the field to opine on the status of the pregnancy of the petitioner. as well as whether the interruption of the petitioner’s pregnancy is feasible or not.
A bank of vacations Justice Sudesh Bansaladmitting the request, he observed,
“The Bharatpur Health and Medical Director is ordered to assemble a team of gynaecologists, who, after obtaining the written consent of the victim and observing the advanced condition and medical health of the girl victim, to terminate the pregnancy in the opportune moment”. sooner, if medically possible.
The court ordered that the removed fetus be kept for DNA testing and handed over to the Investigating Officer for that purpose.
In addition, the court also instructed the Secretary, District Service Legal Authority, Bharatpur, to provide compensation under the Rules to the girl victim under the provisions of the Rajasthan Victims Compensation Scheme, 2011.
In addition to this, the court ordered the (judicial) registrar to send a copy of this order to the Bharatpur health and medical director, the relevant station officer of Kaman Police Station, Bharatpur and the secretary of the legal authority from Bharatpur District Service. .
The petitioner’s attorney relied on Minor Pv. State of Rajasthan & Ors. [S.B. CRLMP No. 2850/ 2021] Y Smt. M.v. State of Rajasthan & Ors. [S.B. CRLMP No. 122/ 2019]whereby the coordinated courts of the High Court have granted permission for the termination of pregnancy of 24 weeks and 28 weeks respectively.
It was argued that under Section 3(4)(a) of the Medical Termination of Pregnancy Act 1971, no woman who has not reached the age of 18 becomes pregnant without the written consent of her guardian. It was added that in accordance with Explanation 2 of article 3.2 of the Law, when the pregnant woman alleges that the pregnancy is the product of rape, it may be presumed that the anguish caused by said unjustified pregnancy constitutes serious damage to mental health. of the pregnant woman.
Adv. Mukesh Kumar Saini appeared on behalf of the petitioner while GA cum AAG GS Rathore appeared on behalf of the defendants.
Case title: victim vs. State of Rajasthan & Ors.
Citation: 2022 Law Live (Raj) 196
No case.: CRLMP/ 4448/ 2022
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