Woman Has Right To Say 'Yes Or No' To Motherhood: Allahabad HC Orders Medical Board To Examine Minor Sexual Abuse Victim's Pregnancy

While dealing with a petition seeking medical termination of pregnancy of a 17-year-old, the Allahabad High Court observed that Section 3(2) of the Medical Termination of Pregnancy Act, 1971 provides the right to a victim of sexual assault to terminate her pregnancy medically. It held that denying the right to choose not to be a mother of the child of the assaulter would add to their miseries.

The bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed,

“In the case of sexual assault, denying a women right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother. Section 3(2) of the MTP Act reiterates that right of a woman. To force the victim to give birth to child of a man who sexually assaulted would result in unexplainable miseries.”

The petitioner, a 17-year-old, was lured and eloped by the accused. Later, upon complaint by the father of the petitioner, she was found. Subsequently, when the petitioner was medically examined for acute stomach ache, she was found to be 3 months and 15 days pregnant. Counsel for the petitioner alleged that the petitioner was raped multiple times, and investigation regarding the same has been requested before the Sessions Court.

Since the petitioner is now 19 weeks pregnant, her counsel submitted that the pregnancy was causing her anguish and was detrimental to her mental health. It was pleaded that petitioner, being a minor, did not want the responsibility of a child.

The Court observed that Rule 3B of the Medical Termination of Pregnancy, Rules 2003 [as amended by Medical Termination of Pregnancy (Amendment) Rules, 2021] provides for termination of pregnancy of upto 24 weeks for survivors of sexual assault or rape or incest and/ or if she is a minor. It further observed that Explanation 2 to Section 3(2)(b) of the MTP Act provides for termination of pregnancy between 20-24 weeks if the pregnancy is caused by rape and such pregnancy shall continue to cause mental anguish to the survivor.

Noting that the Supreme Court and the Delhi High Court have allowed medical termination of pregnancy in similar circumstances, the Court observed that the victim has the right to say yes or no to keeping the child conceived due to sexual assault.

Taking into account the urgency of the case, the Court directed a medical examination of the petitioner on the same day by a 3 member medical committee. The case is directed to be listed today.