The Kerala High Court has recently ruled in favor of a teenage rape survivor who was denied permission to terminate her 28-week-old pregnancy, which was caused by sexual abuse.
According to the legal news website LiveLaw, Justice Kauser Edappagath observed that denial of permission to terminate pregnancy in such a case is equivalent to imposing forced motherhood and deprivation of the right to life with dignity, which is guaranteed by the Indian Constitution with Article 21.
The sixteen-year-old rape victim was not allowed to medically terminate her pregnancy because its duration was more than 24 weeks, which is the maximum permissible duration of abortion in India, according to the Medical Termination of Pregnancy Act (MTP).
Despite the victim’s 28-week pregnancy, Justice Kauser Edappgath noted that according to MTP Act provisions, a rape survivor can’t be forced to give birth to a child of a man who raped her, according to Bar and Bench.
“Section 3(2) of the MTP Act provides that if the continuance of the pregnancy would cause grave injury to the physical or mental health of the pregnant woman, the pregnancy can be terminated. Explanation 2 of section 3 (2) says that where the pregnancy was caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Hence, a rape victim cannot be forced to give birth to a child of a man who sexually assaulted her. Declining permission to a rape victim to medically terminate her unwanted pregnancy would amount to forcing her with the responsibility of motherhood and denying her human right to live with dignity, which forms a significant part of the right of life guaranteed under Article 21 of the Constitution,” Bar and Bench quoted the Court as saying in the case on Saturday.
In her specific case, the Kerala HC also observed the essence of every woman and girl’s fundamental right to equality and privacy lies in their right to make autonomous decisions when it comes to their reproductive functions.
The judgment by the court underlines the trauma caused to women if they’re forced to carry an unwanted pregnancy. According to reports, the victim was abused by her 19-year-old lover and became pregnant. The petition was filed by the victim’s mother on behalf of her to seek permission for abortion. The Counsel of the petitioner had contended that abortion is required for the mental well-being of the minor victim.
