Allahabad High Court Allows 17-Yr-Old Survivor To Terminate 31-Week Pregnancy Despite Health Risk, Says Reproductive Autonomy Paramount
Recently, the Allahabad High Court allowed a 17 and half year old rape victim to terminate 31 weeks pregnancy holding that will and consent of the pregnant lady was paramount even though there was risk to life of the mother and baby in terminating the pregnancy.While allowing the petition for medical termination of pregnancy, the bench of Justice Manoj Kumar Gupta and Justice Ram Manohar...
Recently, the Allahabad High Court allowed a 17 and half year old rape victim to terminate 31 weeks pregnancy holding that will and consent of the pregnant lady was paramount even though there was risk to life of the mother and baby in terminating the pregnancy.
While allowing the petition for medical termination of pregnancy, the bench of Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra observed,
“In the instant case, as noted above, despite full session of counselling, the petitioner and her parents have not agreed to carry pregnancy to the full term. This may be because of fear of social stigma and/or abject poverty coupled with the fact that the crime committed on her must have left her completely shattered both physically and mentally.”
The State-respondents, in counter affidavit, had stated that the termination of pregnancy was a threat to the life of the mother and baby. Noting that “right to reproductive autonomy, termination of pregnancy, dignity and privacy of a pregnant person is paramount” the Court observed that the party must be counselled and made aware of the procedure of adoption of the child since she was in late stages of the pregnancy.
After the counselling, the petitioner wanted to terminate the pregnancy. The counselling team had informed that the decision to terminate could have been because of the unwanted pregnancy as a result of the crime on her and the social stigma attached to it.
The High Court referred to the decision of the Supreme Court in A (Mother of X) vs. State of Maharashtra and Another where it was held that the mother's right to terminate pregnancy is protected under Article 21 of the Constitution.
Observing that the decision to terminate pregnancy might be due to social stigma coupled with mental and physical state of the victim, the Court "with a heavy heart" permitted the termination of pregnancy.