Victim Of Sexual Assault Has Right To Abort Pregnancy Under Law: Allahabad HC

Prayagraj: The Allahabad High Court ruled that a victim of sexual assault has the legal right to medically terminate her pregnancy. The court made this observation while allowing a 17-year-old rape survivor to decide whether she wanted to continue her pregnancy.

A two-judge bench, comprising Justices Mahesh Chandra Tripathi and Prashant Kumar, heard the petition filed by the minor, who sought permission for medical termination of pregnancy. The court cited Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, which grants rape victims the right to abort.

Forcing a Rape Victim to Give Birth Violates Human Rights

The judges emphasised that denying a rape survivor the right to abortion would violate her human right to live with dignity. They stated that forcing a victim to give birth to the child of her rapist would cause immense suffering. The court reiterated that a woman has the right to decide whether she wants to be a mother, reinforcing her autonomy over her own body.

Survivor Lured, Raped Multiple Times

According to the petition, the minor was lured by the accused to elope with him. After her father filed a complaint, she was found. During a medical examination for severe stomach pain, doctors discovered that she was three months and fifteen days pregnant. Her counsel stated that she was raped multiple times and requested an investigation before the session court.

Court Allows Abortion Under MTP Rules for Minors

At 19 weeks pregnant, the petitioner expressed that continuing the pregnancy was causing her severe mental distress. Being a minor, she also did not want the responsibility of raising a child. The court cited Rule 3B of the MTP Rules, 2003 (amended in 2021), which permits termination of pregnancy up to 24 weeks for minors and survivors of rape, incest, or sexual assault.

Referring to past Supreme Court and Delhi High Court judgments in similar cases, the Allahabad High Court upheld the survivor’s right to choose. The ruling reaffirmed that victims of sexual assault have the legal and personal right to decide whether to carry a pregnancy to term.