A bench of Justice Sushrut Arvind Dharmadhikari of Madhya Pradesh High Court Jabalpur Bench permitted a 13 years old rape victim to terminate her pregnancy on a petition filed by her to direct the state authorities to abort the foetus scientifically as soon as possible and also to conduct DNA test of the foetus for the purpose of collecting evidence in the trial.

The petition was filed by the family of a 13 years 3 months old rape victim when the family came to know about the pregnancy. The foetus is about 21 weeks old.

The question which came for consideration before the High Court was as to whether the pregnancy of the petitioner could be terminated or not?

Answering the question, the bench held that the termination of pregnancy is permissible where pregnancy does not exceed 20 weeks and if such termination is recommended by at least two registered medical practitioners who are of the opinion formed in good faith that continuance of the pregnancy would invoke risk to the pregnant woman.

The Single Bench of Madhya Pradesh High Court after considering the age, trauma and agony of the girl who is just 13 years old and keeping in view the report of the medical board, allowed the petition and permitted the girl to terminate her pregnancy.

The Court also permitted her to make a claim under the Madhya Pradesh rime Victim Compensation Scheme, 2015 wherein the rape victims can claim compensation.

Case Details:-

A Minor V. The state of Madhya Pradesh

Writ Petition No. 27048/2022