The Rajasthan High Court has granted permission for a 13-year-old rape survivor to medically terminate her pregnancy, emphasizing that denial of the procedure could severely impact her mental health.

Justice Sudesh Bansal issued the order on March 10, taking into account a medical board’s report dated March 8. The board assessed the survivor’s pregnancy, which had exceeded 27 weeks, and recommended termination under "high risk consent."

Acknowledging the minor’s status as a rape victim, the court noted that her parents had given their consent for the procedure, despite the associated risks.

The court highlighted that forcing the survivor to carry the pregnancy to term would likely cause "grave injury" to her mental well-being. It observed that giving birth under such circumstances would subject her to lifelong emotional distress, along with the burden of raising the child and other related challenges.

Referring to legal provisions, the court stated that pregnancy termination beyond the limits set under the Medical Termination of Pregnancy Act, 1971—amended in 2021—could be permitted based on the unique facts of a case.

Accordingly, the court directed the superintendent of Mahila Chikitsalaya, Sanganeri Gate, Jaipur, to facilitate the termination of the pregnancy, contingent on the parents’ consent regarding the high-risk nature of the procedure.

Additionally, the court instructed the hospital to provide necessary medical assistance, including incubation facilities, in case the foetus was found alive, ensuring its care at the expense of the state government.