Rajasthan HC Rejects Plea to Abort 32-Week Pregnancy of Minor Rape Survivor

The Rajasthan High Court has turned down a 11-year-old rape victim’s plea to terminate her 32-week pregnancysaying that abortion at such an advanced stage could “endanger” her life and that a fully developed foetus also has a right to life under Article 21 of the Constitution.The girl had expressed her wish to terminate the pregnancy “as it would be a constant reminder to her about the atrocities committed on her” and would not be good for her “physical and mental health and social being.”

In its order, which was passed Wednesday but made public on Friday, a bench of Justice Anoop Kumar Dhand said the delay by the child in approaching the court “has only further aggravated the said aspect” of termination of pregnancy, and relied on the Medical Board’s statement and existing judgments to turn down the request.

The medical report indicates that foetus is gaining weight and is close to its natural birth. Vital organs, like brain and lungs are almost fully developed, preparing for life outside the womb. The foetus has, in fact life with heart beats, hence termination of pregnancy, at this stage, is not advisable and possible. The fully developed foetus also has right to life under Article 21 of the Constitution of India to enter in this world and live a healthy life without any abnormalities,” the court said.

The HC pointed out that the medical board had also opined that MTP would not be safe for the petitioner and could be life threatening to her. The minor had petitioned that she wished to terminate pregnancy because the child was conceived out of rape and would be a constant reminder about the atrocities committed on her. Giving birth to a child would not be good for her mental and physical health, she added.The court has further directed the girl to be admitted at government's 'Bailka Grah' and provide every necessary care, including nutritious food and medical attendance before and after her delivery. "Also, till she becomes mature other facilities, including her education should be provided," the court said.