'Can't Compel Her To Continue With Pregnancy': Gujarat HC Allows Minor Rape Survivor To Terminate Pregnancy

Gujarat HC has allowed the termination of the 19-week pregnancy of a minor rape survivor, saying that the court cannot compel her to continue with pregnancy if she is not willing for the same.

Gujarat HC allows medical termination of minor rape victim.

Source : Gujarat HC website

In a significant judgment, the Gujarat High Court on Thursday today allowed the medical termination of the pregnancy of a minor rape victim, reported The Live Law. The single bench of Justice Samr J. Dave ordered the termination of a 19-week pregnancy saying that a victim cannot be allowed to continue with her pregnancy if she does not want to. The remarks came after the court reviewed a medical report of the girl prepared by a medical panel of the Doctors of GEMRS Medical College & General Hospital Vadnagar. 

According to the report, the Court asked the Counsel for the applicant to ascertain if the victim's family was willing to go for an abortion despite the risks involved. The counsel informed the bench that the family wished to go ahead with the termination, it added. 

The court cited the medical report and said the girl is carrying a pregnancy of 18 weeks and 5 days (as of September 8, 2023) and that she is a high-risk patient. It further said that if the medical management for termination fails, there will be an added risk of morbidity and mortality and also anesthesia risk if surgical intervention is required, as per the judgment. 

The court then ordered the doctors to go ahead with the medical termination of the girl’s pregnancy within a week and instructed the police to take necessary steps to speed up the process. The court also directed the authorities to preserve the subsequent DNA Test Report by drawing tissues from the foetus for the purpose of using it as a piece of evidence in the ensuing trial, the judgment stated. 

Reproductive Autonomy Linked With Bodily Autonomy, Observes Court 

The court cited several cases and judgments to back its order and noted that "the right to reproductive autonomy is closely linked with the right to bodily autonomy". 

"As the term itself suggests, bodily autonomy is the right to make decisions about one's body. The consequences of an unwanted pregnancy on a woman's body as well as her mind cannot be understated. The foetus relies on the pregnant woman's body for sustenance and nourishment until it is born," the court said. 

It added that during pregnancy, the woman may experience swelling, body ache, contractions, morning sickness, and restricted mobility, to name a few of a host of side effects, and many other complications may arise which pose a risk to the life of the woman.  

"A mere description of the side effects of a pregnancy cannot possibly do justice to the visceral image of forcing a woman to continue with an unwanted pregnancy. Therefore, the decision to carry the pregnancy to its full term or terminate it is firmly rooted in the right to bodily autonomy and decisional autonomy of the pregnant woman," the order said. 

The court further observed that the "right to dignity" contains the authority of every woman to make reproductive decisions, including the decision to "terminate the pregnancy".  

Notably, the Allahabad High Court in July had given a similar order allowing medical termination of the 25-week pregnancy of a 12-year-old rape victim. The HC said that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her, as per Live Law.