Madhya Pradesh HC Grants Rape Survivor Permission to Terminate 8-Week

Madhya Pradesh HC Grants Rape Survivor Permission to Terminate 8-Week

The Madhya Pradesh High Court has granted permission for the termination of the pregnancy of a teenage survivor of rape, which had advanced beyond eight weeks. Additionally, the court has directed the survivor's father to provide an affidavit affirming their commitment to stand by their accusation throughout the trial process.

On January 2, the high court issued an order permitting the termination of the pregnancy of the minor survivor in response to her plea requesting the same.

The court instructed the survivor's father to submit an affidavit to the Chief Judicial Magistrate (CJM) of Sagar district, affirming the incident of rape against the accused and acknowledging the petition filed by his daughter seeking termination of her pregnancy.

The petition was heard by the bench of Justice G. S. Ahluwalia.

According to the complaint filed in Sagar district of the state, a 17-year-old girl became pregnant after being subjected to rape by an accused on October 23, 2023.

The court order stated that an offense was registered based on her complaint, citing sections 376 and 376 (2)(n) of the Indian Penal Code (IPC), along with relevant sections of the Protection of Children from Sexual Offences (POCSO) Act and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The court said, "It is directed that before the termination of pregnancy of the petitioner, the father of the petitioner shall submit his affidavit before the Chief Judicial Magistrate (CJM) of Sagar district to the effect that she was subjected to rape by the accused and has filed the present writ petition for medical termination of pregnancy of his minor daughter and in the light of the permission granted by this court, he is ready to get the pregnancy of his minor daughter terminated." 

The court order additionally mandated that both the petitioner and her father provide an affidavit to the investigating officer. This affidavit should affirm their commitment to maintaining their assertion of the alleged rape by the accused, specifically stating that their stance will remain unchanged throughout the trial, considering their pursuit of medical termination of the girl's pregnancy on the grounds of the alleged assault.
 
The order further specified that the trial court is instructed to furnish a report to the registrar general of this court. This report should include the deposition sheet of the survivor in case she becomes uncooperative during the trial, denies the occurrence of rape by the accused, or claims to be of legal age.
 
The court ordered the investigating officer to acquire a certified copy of the affidavit and maintain it in the case records. Additionally, the officer must present this affidavit before the medical board. The termination of the pregnancy by the board is to be conducted solely after the presentation and verification of this affidavit, as specified by the court in its order.

The girl filed a petition through her father to seek direction from the court to permit the petitioner (a minor girl) to terminate pregnancy of eight weeks and five days in interest of justice, the court order said.

 

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