MP High Court Asks State To Consider Framing Policy Giving Food, Shelter, Education To Children Of Sexual Abuse Survivors

Justice Vinay Saraf in his May 22 order while passing a slew of directions with respect to the present case also directed :

“The State Government shall consider to form a policy to provide the facilities for food, shelter, education safety of the children given birth by the survivors of sexual assault, or rape or incest.”

The Court was hearing a reference made by a Sessions Judge by which the Court was informed that a minor rape survivor was found to be pregnant during investigation of a case registered under POCSO Act. The reference letter mentioned that the Gynaecologist had opined that there will be risk of life to the girl in case the pregnancy is terminated.

Along with the reference letter, a letter signed by the girl and her parents was annexed where she and her parents had shown their "willingness" to continue with the pregnancy and give birth to the child.

The Court referred to right to of personal liberty guaranteed under Article 21 of the Constitution of India and unmarried woman's autonomy in respect of pregnancy as held by the Supreme Court.

The Court also referred to the judgement of Supreme Court in A (mother of X) Vs. State of Maharashtra & Anr. 2024 where it was held that if minor pregnant and her parents are willing to continue with the pregnancy, the same should be respected and the decision should be taken in light of the decisional and bodily autonomy of the pregnant person and her parents.

The Court noted that the pregnant minor rape girl and her parents have shown their willingness to continue with the pregnancy and give birth to a child. It was also noted that the Gynaecologist opined that the foetus was more than 29 weeks, therefore, termination of pregnancy could be life threatening to the victim.

Thus, considering the circumstances, the Court opined that no direction can be issued for medical termination of pregnancy.

The Court also directed the State to provide all available medical facilities through specialist doctors to permit the victim give birth to a child and to bear all the expenses in connection with the procedure of giving birth to the child.

Disposing of the plea the court further said, "All necessary care and cautions shall be taken by the doctors during the period of pregnancy and at the time of delivery of a child and thereafter as and when required. Post delivery care will be extended to the victim and it will be duty of the State Government to take care of the child as per the settled norms.The State Government shall provide the free education to the child up to Class-12th. All medical facilities will be made available to the child by the State Government, till child attains the majority. The name of victim and child will not be disclosed in any manner". 

Case Title: Prosecutrix X versus The State of Madhya Pradesh and Others, Writ Petition No. 19343 of 2025

Counsel for Respondents/State: Advocate Girish Kekre