Rajasthan High Court Denies Termination Of 32-Week Pregnancy To Speech & Hearing Impaired Minor, Cites Medical Report

The Rajasthan High Court refused to permit medical termination of over 32-week pregnancy of a hearing and verbally impaired minor rape survivor, in light of unfavorable opinion of the medical board which indicated serious danger that termination procedure may pose to both fetus and the girl. 

The medical board which was constituted after the high court's August 5 order, examined the survivor and in its August 6 report submitted that the minor girl is 17-years old and is "carrying a pregnancy of 32 weeks".

The board opined that the fetus in the womb of the girl "has life with heard beats" and looking to the weakness and deficiency of blood in the girl's body and her low blood pressure, it would be unsafe for both the fetus and the mother, in case the permission for termination of the pregnancy is granted.

Taking into account the medical report Justice Anoop Kumar Dhand in his August 8 order said:

"In the instant case, Medical Board of five Doctors was of the opinion that the petitioner is carrying pregnancy of 32 weeks and termination of such pregnancy is not advisable. As per the opinion of the Board, it would not be safe and would be life threatening to the mother due to advance gestational age and considering the age of the minor victim and looking to overall facts and circumstances, the passage of time and delay caused in approaching this Court, which is on the part of the petitioner, has only further aggravated the said aspect. There is no material available on the record of this Court on the basis of which this Court may differ with the opinion expressed by the Medical Board. Directing medical termination of this pregnancy, at such an advanced stage, would not only endanger life of the minor victim and would also affect the life of fetus in the womb". 

The board also opined that the life of the fetus as well as the mother "would be in danger" and in case, such permission is granted, post termination the health condition of the girl "may become more critical". 

It was argued on behalf of the minor girl that she did not intend to give birth since the child would be a "constant reminder to her about the atrocities" committed upon her. Hence, continuation of pregnancy was not good for her physical, mental or social well-being.

The Court perused and referred to certain Supreme Court and High Court cases in which the courts had declined the permission for termination of pregnancy to minor victims of similar age, and held that,

“Looking to the advanced stage of pregnancy (32 weeks) of the petitioner, her prayer for medical termination of pregnancy cannot be accepted”

Disposing of the plea, the high court directed Superintendent of the concerned hospital to ensure that all necessary medical facilities are made available to ensure that the delivery of the petitioner takes place in a safe environment.

The court directed that the child on birth may be handed over to the Child Welfare Committee and the petitioner shall fulfill all necessary documentation through her natural guardian and all formalities, as may be required in law for handing over the custody of the child to the Child Welfare Committee.

"In case, the petitioner gives her consent for adoption of the child to the willing parents, the adoption exercise would be conducted by Central Adoption Resource Authority (CARA)/State Agency in accordance with law, after taking consent of the petitioner," the court said. 

Further, the court further directed the Rajasthan State Legal Services Authority as well as the District Legal Services Authority to pay compensation to the petitioner under the provisions of Rajasthan Victim Compensation Scheme, 2011 within 3 months. 

Title: Victim v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 289

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