Synopsis
The Rajasthan High Court has permitted a 13-year-old rape survivor to terminate her pregnancy of over 26 weeks, emphasizing the lifelong suffering associated with continuing the pregnancy, including mental health impacts and child maintenance burdens.Key Takeaways
- Legal Approval needed for abortions after 24 weeks.
- MTP Act considers rape-related pregnancies as serious mental health risks.
- Abortion facilitated under medical supervision.
- State government provides care for surviving foetuses.
- Previous cases highlight judicial support for late-term abortions.
Jaipur, March 11 (NationPress) The Rajasthan High Court has granted permission for a 13-year-old rape victim to undergo a medical termination of her pregnancy, which has surpassed 26 weeks. The court expressed that continuing the pregnancy could lead to lifelong suffering, including the challenges of child maintenance and other related issues.
A panel led by Justice Sudesh Bansal pointed out the potential risks to the victim's mental health if the pregnancy were to proceed.
Advocate Sonia Shandilya, who represented the victim, informed IANS that the court instructed the Superintendent of the Women's Hospital in Sanganer, Jaipur, to facilitate the abortion under medical board supervision.
"In the event that the foetus is born alive, all necessary measures will be taken to ensure its survival, with future care financed by the state government. Should the foetus not survive, its tissues will be preserved for DNA testing," the bench stated.
Advocate Shandilya mentioned that the girl was more than 26 weeks along and that her parents were in favor of the abortion.
During the proceedings, the legal team cited prior cases where courts, including the Supreme Court, had allowed abortions past 28 weeks of pregnancy.
The advocate also noted that, per the Medical Termination of Pregnancy (MTP) Act of 1971, pregnancies resulting from rape are seen as serious mental health risks for the victim, justifying the need for medical termination.
It is worth mentioning that court authorization is not needed for abortions before the 24-week mark.
In a related case from December 2024, a division bench chaired by the Chief Justice of the Rajasthan High Court signaled intentions to create guidelines for processing abortion requests from survivors of rape.
The bench reiterated that, according to the MTP Act of 1971, court consent is unnecessary for abortions up to 24 weeks, but legal approval is required thereafter, as stated by the advocate.
