Madras High Court Allows 14-Year-Old Rape Survivor to Terminate 28-Week Pregnancy, Citing Health Risks
The Madras High Court has permitted a 14-year-old rape survivor to undergo medical termination of her 28-week pregnancy, emphasising the potential harm to her mental and physical health. The order was issued on July 7 by Justice Mohammed Shaffiq, who was hearing a plea filed by the girl's mother.
According to the plea, the teenage girl was sexually assaulted by a relative, resulting in the pregnancy. Medical examination confirmed that she was 28.1 weeks pregnant at the time of the court's decision.
In its order, the court noted: “Petitioner and her child have unequivocally expressed their consent and desire to terminate the pregnancy. Despite her continued hospitalisation and request to terminate the pregnancy, the second respondent hospital has not, to date, constituted the requisite Medical Board for evaluating the request for medical termination of pregnancy.”
The court further held that the continuation of the pregnancy would cause “grave and irreparable harm” to the survivor’s physical and mental health, and would violate her rights under Article 21 of the Constitution of India, which guarantees the right to life and personal liberty.
The ruling comes amid ongoing debates about reproductive rights and the legal framework for termination of pregnancies, particularly in cases involving minors and sexual assault survivors. The Medical Termination of Pregnancy Act allows for terminations beyond 20 weeks under specific circumstances, including for survivors of rape.
