Rajasthan HC Allows Minor Rape Survivor To Terminate 25-Week Pregnancy, Cites Fundamental Rights

Jaipur, June 18: Allowing the termination of a 25-week pregnancy, the Rajasthan High Court has granted relief to a minor girl who became pregnant due to rape. The court has directed the medical board of the concerned district to provide the victim with all necessary medical facilities for the abortion.

The court said that, in case a child is born during this period, the state government will be responsible for its care and protection. A single bench of Justice Bipin Gupta issued this order while hearing a petition filed by the mother of the victim.

Court cites fundamental rights

The court stated that a minor girl cannot be forced to carry an unwanted pregnancy to term against her will. This issue is not merely a matter of medical limitations, but concerns the life, dignity and fundamental rights of a minor.

The court observed that the pregnancy was a result of rape and that the minor victim had refused to continue the pregnancy. Therefore, forcing her to give birth is against her fundamental rights.

Medical board flags risks

During the hearing, the medical board stated that continuing the pregnancy could be detrimental to the victim's mental and physical health and that the termination procedure would be high-risk.

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In the petition, advocate Sonal Singh stated that the minor girl became pregnant due to rape and did not want to continue the unwanted pregnancy.

The victim's mother stated that her daughter had not yet recovered from the rape and would not be able to sustain herself if the pregnancy continued. Following this, the court granted the minor girl permission to undergo an abortion.