Allahabad High Court Allows Abortion For Minor Rape Survivor, Orders State To Bear All Medical Expenses

The Allahabad High Court has permitted a minor rape survivor from Prayagraj to undergo an abortion, directing that all medical and procedural expenses be borne by the Uttar Pradesh government.

The court further instructed that fetal tissue samples be preserved as evidence for the ongoing legal proceedings.

The decision was delivered by a division bench comprising Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra, in response to a petition filed on behalf of the survivor.

The minor had been abducted and subjected to sexual assault and rape, following which a First Information Report (FIR) was registered on June 8, 2025. Upon discovering that she was pregnant, her family approached the High Court seeking permission for a medical termination of pregnancy.

Acting on the petition, the court had earlier directed the Chief Medical Officer (CMO) of Prayagraj to constitute a medical board to examine the survivor. The examination was conducted on July 9, 2025, and based on the report, the court granted permission for the abortion.

In its order, the court also instructed that the District Magistrate of Prayagraj be involved in the procedure to ensure proper oversight. The court emphasized that the state has a responsibility to support the survivor, not just medically but also legally, by ensuring that the fetus is preserved as forensic evidence for the prosecution.

The ruling underscores the judiciary’s focus on the rights and well-being of minor survivors, ensuring that legal processes do not become hurdles in accessing timely medical care.