INDORE: The Madhya Pradesh High Court has said that if a rape survivor wishes to terminate her pregnancy up to 24 weeks, she does not need court's approval for that.
Justice Sandeep N Bhatt of the Indore bench of the HC made this observation on August 11 while dismissing a writ petition filed by the father of a 16-year-old rape victim. In the petition, the victim had sought permission to terminate her around 18-week-old pregnancy.
Citing a February 20, 2025, order of a Jabalpur bench of the high court, the single judge bench stated that in cases of sexual assault, rape or incest victims whose pregnancy is up to 24 weeks, judicial proceedings are not required in light of the relevant provisions of the Medical Termination of Pregnancy Act, 1971.
The court directed the Commissioner of the State Health Department to convey the order passed by the division bench to all concerned hospitals, especially government hospitals, so that they can deal with such scenarios in the future.
Petitioner's lawyer, Ashish Choubey, told PTI that the minor rape victim, through her father, had filed a petition in the high court seeking appropriate directions for legal termination of the unwanted pregnancy.
He said that the minor girl does not want to continue the pregnancy resulting from the rape as she is experiencing immense mental distress.
The high court had said in the 2025 judgment that in case of survivors of sexual assault or rape or incest, the pregnancy up to 20 weeks may be terminated by a registered medical practitioner and where the pregnancy exceeds 20 weeks but does not exceed 24 weeks, by two registered medical practitioners in accordance with the provisions of Section 3 of the Medical Termination of Pregnancy Act, 1971 and rules framed thereunder without taking resort to judicial proceedings before the high court under Article 226 of the Constitution.
The court had also said, "It is also relevant to mention herein that Rule 6 (3) of the Protection of Children from Sexual Offences Rules, 2020 also enjoins upon the medical practitioner, hospital or other medical facility centre rendering emergency medical care to a child not to demand any legal or magisterial requisition or other documentation as a prerequisite to rendering such care."