HC permits minor rape survivor to terminate 25-week pregnancy

Medical board flags risk to teen, foetus

The High Court of Karnataka has permitted a 16-year-old rape survivor to terminate her 25-week pregnancy after the medical board found that continuation of pregnancy may impact the minor’s mental and physical health besides impacting her status in society.

Justice N.S. Sanjay Gowda passed the order while allowing the petition filed by the minor through her mother.

The petitioners had approached the court after the medical practitioner and the Belagavi district hospital refused to terminate the pregnancy citing provisions of the Medical Termination of Pregnancy Act, 1971.

“The minor needs termination as continuing pregnancy endangers the mother physically and mentally with risk as explained by the gynaecologist and psychiatrist,” said the report of the medical board, set up by Belagavi district surgeon on directions of the High Court.

The court noted that the paediatrician, who was part of the medical board, opined that it would be a high-risk pregnancy as the survivor is a teenage mother and it would also pose grave risk to the foetus.

Mental state factored in

The court took into consideration the view of the psychiatrist, who pointed out that if the pregnancy was continued, the petitioner would develop anxiety and could lead to definite depression. Citing the apex court’s decisions equating women’s right to reproduction with the right to personal liberty guaranteed under Constitution of India, the court observed that “The consequences of continuing the pregnancy on the future life of the 16-year-old would be quite severe and detrimental to a dignified life as contemplated under Article 21 of the Constitution.”