HC allows termination of minor rape survivor's pregnancy, directs Govt to form SOP
Orissa High Court
Cuttack: The Orissa High Court on Monday permitted a 13-year-old rape survivor to medically terminate her over 27-week pregnancy due to severe health risks and her medical conditions, including sickle cell anemia and epilepsy.
The minor, a resident of Kandhamal district, suffers from sickle cell anaemia and epilepsy, conditions that significantly increase the dangers associated with childbirth.
The victim, belonging to a Scheduled Tribe community, was repeatedly raped last year by a local youth. Due to threats, she did not disclose the crime until her deteriorating health led her mother to seek medical help.
According to the PTI report, it was then revealed that she is over twenty six weeks pregnant, surpassing the 24-week limit set under the Medical Termination of Pregnancy (MTP) Act.
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Following an FIR lodged on February 11, the victim underwent a medical examination, confirming the pregnancy and associated health risks.
The case was subsequently brought before the Orissa High Court, where her father sought permission for abortion, citing the life-threatening complications posed by the pregnancy.
The Medical Termination of Pregnancy (MTP) Act also allows abortion of pregnancy beyond 24 weeks for certain categories including minors and rape victims.
The court, in its order last month had directed MKCG Medical College and Hospital at Berhampur to convene a Medical Board to assess her condition.
The Board determined that carrying the pregnancy to term would severely endanger the minor's physical and mental health. In light of this report, the state government raised no objections to the petition, arguing that forcing the child to give birth would amount to violation of her fundamental rights under Article 21 of the Constitution.
While delivering the judgment, Justice S K Panigrahi emphasised the importance of bodily autonomy and reproductive rights, noting that the minor, though unable to make an informed choice herself, was represented by her legal guardians.
The court also criticised unnecessary judicial delays in such cases, stressing the need for a streamlined process for medical terminations in similar circumstances, reports PTI.
In addition to granting permission for termination, the court directed the Odisha government to formulate a Standard Operating Procedure (SOP) to ensure timely access to reproductive healthcare, minimise bureaucratic hurdles, and sensitize law enforcement agencies to handle such cases efficiently.
The SOP is to be finalized and implemented within six months, the high court ordered.
