The Allahabad High Court has reaffirmed that a victim of sexual assault has the legal right to medically terminate her pregnancy under the law. The court allowed a 17-year-old rape survivor to decide whether she wanted to continue with her pregnancy.

A division bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar was hearing the petition of the minor survivor, who sought medical termination of her pregnancy. Citing Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, the court emphasized that a victim of sexual assault has the statutory right to seek a medical abortion.

The court observed that forcing a victim of sexual assault to continue a pregnancy would violate her fundamental right to live with dignity. "Denying a woman the right to medically terminate a pregnancy resulting from sexual assault and imposing the burden of motherhood upon her amounts to an infringement of her human rights. A woman has an inherent right over her body, which includes the right to say 'Yes' or 'No' to motherhood," the bench stated.

The court further held that compelling a rape survivor to give birth to the child of her perpetrator would cause "unexplainable miseries."

According to the petitioner, she was allegedly lured by the accused into eloping with him. Following a complaint filed by her father, she was traced, and during a medical examination for severe stomach pain, it was discovered that she was three months and fifteen days pregnant.

The petitioner’s counsel argued that she had been repeatedly subjected to sexual assault and that an investigation into the matter was pending before the sessions court. Given that the petitioner was already nineteen weeks pregnant, her legal representatives contended that the pregnancy was causing her severe mental distress and anguish.

The court noted that Rule 3B of the Medical Termination of Pregnancy Rules, 2003, as amended by the Medical Termination of Pregnancy (Amendment) Rules, 2021, permits termination of pregnancy up to 24 weeks for survivors of sexual assault, minors, and other vulnerable groups.

Citing precedents from the Supreme Court and the Delhi High Court, which have allowed termination in similar cases, the Allahabad High Court reiterated that a rape survivor has the absolute right to decide whether or not to continue a pregnancy resulting from sexual violence.

With this ruling, the court upheld the petitioner’s right to choose, ensuring that her bodily autonomy and mental well-being remain protected under the law.