Rape survivors have right to say ‘no’ to motherhood: Allahabad HC
The court noted that denying a rape survivor the right to end an unwanted pregnancy would violate her dignity and fundamental human rights
The Allahabad high court has ruled that a victim of sexual assault has the legal right to terminate her pregnancy, stating that forcing a survivor to bear the child of her assaulter would add to her suffering.
Hearing a plea from a 17-year-old rape survivor seeking medical termination of pregnancy, a division bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar ruled that a woman has autonomy over her body, including the right to say ‘Yes’ or ‘No’ to motherhood.
Citing Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, the court noted that denying a rape survivor the right to end an unwanted pregnancy would violate her dignity and fundamental human rights. “In cases of sexual assault, forcing a woman to take on the responsibility of motherhood against her will would deny her the right to live with dignity,” the bench observed in its order dated February 10.
The petition was filed by a minor girl who was allegedly lured and raped by the accused. She was found after her father lodged a complaint, and a medical examination revealed she was three months and 15 days pregnant. Now 19 weeks into the pregnancy, her counsel argued that continuing it was causing her severe mental distress and that she, being a minor, did not want the burden of raising a child.
The court referred to Rule 3B of the MTP Rules, 2003 (amended in 2021), which allows termination of pregnancy up to 24 weeks for survivors of sexual assault, rape, or incest. It also cited the Supreme Court and Delhi high court’s precedents in permitting abortion in similar cases.
Stating that legal provisions recognise the psychological impact of rape-related pregnancies, the court reiterated that survivors have the right to make decisions about their own bodies.