The Orissa High Court on Monday granted permission for the immediate medical termination of a 13-year-old rape survivor’s pregnancy, which had exceeded 27 weeks, recognizing the severe threat it posed to her life and well-being.

The minor, hailing from Kandhamal district, suffers from sickle cell anemia and epilepsy—conditions that significantly heighten the risks associated with childbirth. She was repeatedly raped last year by a local youth but remained silent due to threats.

The crime came to light only after her health deteriorated, prompting her mother to seek medical attention.

Medical examinations revealed that she was over six weeks pregnant, surpassing the 24-week limit prescribed under the Medical Termination of Pregnancy (MTP) Act. An FIR was lodged on February 11, following which doctors confirmed the pregnancy and the associated health risks.

Her father then approached the Orissa High Court, seeking permission for an abortion due to the life-threatening complications.

The MTP Act permits abortions beyond 24 weeks for certain categories, including minors and survivors of sexual assault. Acting on the court’s directive, MKCG Medical College and Hospital in Berhampur constituted a Medical Board, which concluded that continuing the pregnancy would severely jeopardize the minor’s physical and mental health.

Given this assessment, the state government raised no objections, arguing that forcing the child to give birth would violate her fundamental rights under Article 21 of the Constitution.

In his judgment, Justice S.K. Panigrahi underscored the importance of bodily autonomy and reproductive rights, highlighting that while the minor was incapable of making an informed decision, her legal guardians represented her interests. The court also criticized unnecessary judicial delays in similar cases, advocating for a streamlined process for medical terminations.

Alongside approving the abortion, the court directed the Odisha government to develop a Standard Operating Procedure (SOP) within six months. This SOP aims to ensure timely access to reproductive healthcare, reduce bureaucratic delays, and sensitize law enforcement agencies to handle such cases more effectively.