Ernakulam: The Kerala High Court allowed a plea of a minor victim of a sexual assault to terminate her 28-week pregnancy, saying that a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her.
Justice Dr Kauser Edappagath noted that the Medical Termination of Pregnancy (MTP) Act provides for termination of pregnancy if the continuance of the pregnancy would cause grave injury to the physical or mental health of the pregnant woman.
“A rape victim cannot be forced to give birth to a child of a man who sexually assaulted her. Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity which forms a significant part of the right of life guaranteed under Article 21 of the Constitution,” Justice Edappagath said.
Justice Edappagath further said that the right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy.
“Reproductive rights include the right to choose whether and when to have children, the right to choose the number of children and the right to access to safe and legal abortions,” Justice Edappagath said while referring to Supreme Court judgments recognising the constitutional right of women to make reproductive choices as a part of personal liberty under Article 21 of the Constitution of India.
A 16-year-old rape victim who did not want to give birth to the child of a man who sexually assaulted her had approached the High Court through her mother seeking permission for medical termination of her pregnancy. The permission to terminate the pregnancy was sought on the ground that the continuation of the same would adversely affect the mental and physical well-being of the victim as well as the child.
It has been alleged that the victim while studying in the XIth standard was sexually abused by her 19-year-old lover and she became pregnant. A case was later registered against the accused for offence of rape under the Indian Penal Code (IPC) and sections of the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST(PoA) Act.
The High Court noted that pregnancy outside marriage, in most cases, is injurious, particularly after sexual abuse and is a cause for trauma affecting both physical and mental health of the pregnant woman, the victim.
“Sexual assault or abuse of a woman is itself distressing and the resultant pregnancy compounds the injury. This is because such a pregnancy is not a voluntary or mindful pregnancy,” the High Court said.
The Medical Board, in its report pointed out that continuance of pregnancy may be detrimental to the physical and mental health of the victim and the psychiatrist who was part of the Medical Board opined that the continuation of the pregnancy may result in severe psychological trauma to the victim.
“The adverse impact of the continuance of the pregnancy on the victim’s mental health and the resultant trauma could very well be inferred as she is a rape survivor,” the High Court said.
The High Court took note of the contention of the victim’s mother that their family belongs to a scheduled caste community and that the poor family members, including the victim girl, are in a state of shock over the turns of events.
“The victim is now housed at the childcare home and it is stated that she is not mentally prepared to accept the state of affairs and deliver the child. Moreover, the social isolation of a minor girl before the SC/ST community who is subjected to sexual assault and giving birth to a child at such a young age cannot be ruled out. For all these reasons, I deem it appropriate to grant the relief sought and permit the petitioner’s minor daughter/victim to undergo medical termination of pregnancy,” the High Court said and allowed the plea for medical termination of pregnancy.
The High Court also directed to preserve the foetus for carrying out the medical test for the purpose of criminal case pending against the accused and further directed that if the foetus is found to be alive at birth, authorities would ensure that the foetus survives and the bay is offered the best medical treatment available so that it develops into a healthy child.
Rape victim cannot be forced to give birth to a child of a man who sexually assaulted her: Kerala High Court
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06.05.2024
Ernakulam: The Kerala High Court allowed a plea of a minor victim of a sexual assault to terminate her 28-week pregnancy, saying that a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her.
Justice Dr Kauser Edappagath noted that the Medical Termination of Pregnancy (MTP) Act provides for termination of pregnancy if the continuance of the pregnancy would cause grave injury to the physical or mental health of the pregnant woman.
“A rape victim cannot be forced to give birth to a child of a man who sexually assaulted her. Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity which forms a significant part of the right of life guaranteed under Article 21 of the Constitution,” Justice Edappagath said.
Justice Edappagath further said that the right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to........
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