Allahabad High Court Allows Minor Rape Survivor To Terminate 31-Week Pregnancy

The Division Bench of Justice Manoj Kumar Gupta and Justice Ram Manohar Narayan Mishra observed, “In the instant case, as noted above, despite full session of counselling, the petitioner and her parents have not agreed to carry pregnancy to the full term. This may be because of fear of social stigma and/or abject poverty coupled with the fact that the crime committed on her must have left her completely shattered both physically and mentally.”

Advocate Ashutosh Pandey appeared for the petitioner.

The Court acknowledged the State respondents’ objections, who argued through a counter affidavit that the termination at such an advanced stage of pregnancy posed serious risks to both the mother and the unborn child. Despite these medical concerns, the Court through a precedent established, “that consent of a pregnant person in decisions of productive autonomy and termination of pregnancy is paramount.”

The Court noted that the petitioner and her parents, after undergoing a full session of medical and psychological counselling, remained firm in their decision not to continue with the pregnancy.

The bench further emphasized that although the pregnancy was in its late stage, and the petitioner had been counselled about the possibility of adoption, she still chose to terminate it. The counselling team’s report indicated that the desire to end the pregnancy was rooted in its unwanted nature and the circumstances of the crime committed against the minor.

Referring to the Supreme Court’s landmark decision in A(Mother of X) vs. State of Maharashtra and Anotherthe Allahabad High Court reiterated that the right to terminate a pregnancy is integral to a woman’s reproductive rights and bodily autonomy, both of which are protected under the Constitution.