The Chhattisgarh High Court has permitted the termination of a 24-week pregnancy for a minor rape survivor, affirming that a rape survivor should not be forced to bear the child of her rapist.

A single-judge bench led by Justice Bibhu Datta Guru highlighted the victim's right to reproductive autonomy, stating, "The victim of rape must be granted the liberty and right to decide whether she should continue with the pregnancy or be allowed to terminate it."

“A rape victim's prayer for termination of pregnancy can be allowed because such pregnancy causes grave injury to the mental health of the pregnant woman, as she cannot be compelled to give birth to a child of rapist,” the court further stated.

Claiming severe mental distress, the minor, represented by her guardian, petitioned for permission to terminate her pregnancy, which resulted from forcible sexual intercourse by the accused. The petitioner argued that “she does not want to bear a child from a person who has ravished her without her consent, subjecting her to humiliation and embarrassment in society.” On December 30, 2024, she approached the court seeking a directive for medical evaluation and termination. Following the court's orders, a medical board assessed her condition and reported that, while the pregnancy was viable with no significant anomalies, its continuation could severely impact her mental health, potentially leading to psychosis.

Citing the amended Medical Termination of Pregnancy Act and key Supreme Court rulings, particularly X v. Union of India and Suchita Srivastava v. Chandigarh Administration, the court underscored the importance of prioritizing the victim’s mental health over procedural constraints. The court observed, “Termination of pregnancy after 20 weeks to safeguard the life of a pregnant woman (an alleged rape victim) is permissible in cases of grave physical and mental health risks.”

Recognizing the victim's right to reproductive autonomy, the court granted approval for the pregnancy's termination, directing immediate admission to a government hospital with ICU facilities. Additionally, the court ordered the preservation of the fetus's DNA for use in ongoing criminal proceedings.

Cause Title: ABC (Minor) Through Natural Guardian XYZ v State Of Chhattisgarh [WPC No. 6513 of 2024]