“Section 3(2) of the Medical Termination of Pregnancy Act provides that if continuation of the pregnancy would cause serious harm to the physical or mental health of the pregnant woman, the pregnancy may be terminated.
“Explanation 2 to section 3(2) states that where the pregnancy is caused by rape, the suffering caused by the pregnancy shall be deemed to be a grievous injury to the mental health of the pregnant woman. Therefore, a rape victim cannot be forced to give birth to the child of the man who sexually assaulted her.
“Refusal to a rape victim to allow her unwanted pregnancy to be medically terminated would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity, guaranteed under Article 21 of the Constitution. It is an important part of the right to life. ,” th High Court said.The High Court further explained that "Pregnancy outside marriage is harmful in most cases, especially after sexual abuse and it causes trauma affecting both the physical and mental health of the pregnant woman, the victim. Sexual harassment of a woman or abuse is in itself painful and the resulting pregnancy aggravates the injury, this is because such pregnancy is not a voluntary or conscious pregnancy."
The court gave this direction on a petition filed by the 16-year-old rape victim through her mother. It was alleged that when the girl was studying in class 9, her 19-year-old "boyfriend" sexually abused her and she became pregnant.
Since the MTP Act allows termination of pregnancy only up to the 24th week (except in certain circumstances), the mother and the minor girl approached the court seeking permission to medically terminate her 28-week pregnancy.The court explained that, "Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children to have, and the right to access safe and legal abortion."
The court perused the report of the medical board constituted to examine the pregnant girl, which believed that continuing the pregnancy could be detrimental to her mental and physical health.
After noting this, the court allowed her to abort the pregnancy and also said that if the fetus is found alive after the procedure, the hospital will have to take care of it and the state will have to take responsibility for the child besides giving medical aid. Gave instructions. Keeping in view the provisions of the Juvenile Justice (Care and Protection of Children) Act.
“Explanation 2 to section 3(2) states that where the pregnancy is caused by rape, the suffering caused by the pregnancy shall be deemed to be a grievous injury to the mental health of the pregnant woman. Therefore, a rape victim cannot be forced to give birth to the child of the man who sexually assaulted her.
“Refusal to a rape victim to allow her unwanted pregnancy to be medically terminated would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity, guaranteed under Article 21 of the Constitution. It is an important part of the right to life. ,” th High Court said.The High Court further explained that "Pregnancy outside marriage is harmful in most cases, especially after sexual abuse and it causes trauma affecting both the physical and mental health of the pregnant woman, the victim. Sexual harassment of a woman or abuse is in itself painful and the resulting pregnancy aggravates the injury, this is because such pregnancy is not a voluntary or conscious pregnancy."
The court gave this direction on a petition filed by the 16-year-old rape victim through her mother. It was alleged that when the girl was studying in class 9, her 19-year-old "boyfriend" sexually abused her and she became pregnant.
Since the MTP Act allows termination of pregnancy only up to the 24th week (except in certain circumstances), the mother and the minor girl approached the court seeking permission to medically terminate her 28-week pregnancy.The court explained that, "Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children to have, and the right to access safe and legal abortion."
The court perused the report of the medical board constituted to examine the pregnant girl, which believed that continuing the pregnancy could be detrimental to her mental and physical health.
After noting this, the court allowed her to abort the pregnancy and also said that if the fetus is found alive after the procedure, the hospital will have to take care of it and the state will have to take responsibility for the child besides giving medical aid. Gave instructions. Keeping in view the provisions of the Juvenile Justice (Care and Protection of Children) Act.
