The Karnataka High Court has permitted the medical termination of a 26-week pregnancy of a minor who became pregnant as a result of sexual assault, underscoring that courts must act decisively to safeguard the “honour and dignity” of such survivors.
Justice R. Nataraj passed the order while hearing a petition filed by the survivor’s father, who had sought directions to a government hospital to allow his 17-year-old daughter to undergo the procedure. The court noted that the minor was carrying a foetus that was over 26 weeks old and observed that if she was unwilling to continue the pregnancy, the court should not hesitate to step in to protect her dignity, particularly given her age.
Relying on the Supreme Court’s ruling in X v. The Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, the High Court held that compelling a survivor of sexual assault to carry an unwanted pregnancy to term would amount to a violation of her fundamental right to life and dignity, Indian Express reported.
The petition stated that the girl was a victim of offences punishable under provisions of the Bharatiya Nyaya Sanhita, 2023, relating to rape, as well as multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, 2012, including those dealing with penetrative and aggravated penetrative sexual assault resulting in pregnancy.
The father submitted that his daughter, a school-going minor, did not wish to bear the child and therefore sought permission for termination. The state, in its response, told the court that if the survivor did not want to continue the pregnancy, the court could exercise its jurisdiction to allow termination even beyond the 24-week statutory limit.
Under the Medical Termination of Pregnancy Act, termination is generally permitted up to 24 weeks for certain categories, including rape survivors and minors, subject to the opinion of a registered medical practitioner.