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Introduction
This writ petition has been filed under Article 226 of the Constitution of India and the Medical Termination of Pregnancy Act, 1971 (“MTP Act”). It seeks permission to terminate the pregnancy of a minor girl, aged 15 years, who is a victim of gang rape. The petitioner, mother of the victim, had earlier moved an application in the District Court, which was dismissed on procedural grounds. Subsequently, the petitioner moved the High Court.
Facts of the case
The minor daughter of the petitioner was gang raped, as a result of which she became pregnant. The medical examination conducted on 30.11.2024 revealed that she was about 19 weeks pregnant. The petitioner first moved an application in the District Court on 04.12.2024, but the application was dismissed on 05.12.2024 on the grounds of non-submission of medical documents. Subsequently, the petitioner moved the High Court.
On 09.12.2024, the High Court directed the victim to appear for medical examination before the Chief Medical and Health Officer at Charak Hospital, District Ujjain. The report confirmed that the victim is competent to undergo abortion with written and informed consent.
Petitioner’s Arguments
The petitioner argued that her daughter, who is a minor and a victim of gang rape, is entitled to undergo abortion under the MTP Act. He said that the procedural delay and the insensitive attitude of the lower court caused extreme mental and physical stress to the victim. It was also argued that abortion is necessary to protect the health and life of the victim, which is part of her fundamental rights under Article 21 of the Indian Constitution.
Respondent’s Arguments
The State’s counsel submitted the medical report, which confirmed that the victim is physically capable of undergoing abortion. As per the report, all necessary precautions and medical procedures can be followed during the abortion procedure. The State also assured that no inconvenience will be caused to the victim.
Observations of the Court
The High Court found that the District Court displayed insensitivity while dismissing the petition. It is unfair and inhuman to expect a gang rape victim to produce medical documents. The Court also said that two weeks required for abortion were wasted due to procedural delay, causing unnecessary suffering to the victim.
The Hon’ble Court stated: “Secondly, the aforesaid finding shows the acute insensitive approach displayed by a Judge, who was required to show utmost empathy to a minor, who was a victim of gang rape. It is rather cruel for a court, any court, to expect from a rape victim to produce her medical documents”
The Court also observed that abortion cases under the MTP Act can be heard only by the High Court under Article 226 and not by the District Court.
Decision of the Court
Under these circumstances, the High Court allowed the petition and directed the Chief Medical Officer of District Ujjain to carry out the abortion of the victim promptly and with all procedural precautions. Along with this, the Court also ordered that the identity of the victim be kept secret and the foetus sample be preserved for DNA testing. The Hon’ble court observed
“In such facts and circumstances of the case, this Court finds it expedient to allow this petition and permit the petitioner’s daughter to have her pregnancy medically terminated by following the due procedure at Civil Surgeon, Chief Health Officer/Superintendent District Ujjain”
Directions on future procedure
The Court gave certain procedural directions to ensure that prompt and effective action is taken in such cases:
- On registration of FIR in rape cases, the police officer shall immediately send the victim to the District Court.
- The District Court shall without any delay send the victim before the Medical Board and obtain the report.
- The District Court shall send the report directly to the Registry of the High Court where it shall be registered as a suo motu writ petition.
- The High Court shall hear such petitions on a priority basis.
Finally, the Court disposed of the petition and directed them to send a copy of the order to the concerned authorities to ensure compliance of the directions.
Credits: Deeksha Rai