The Madhya Pradesh High Court has permitted a 16-year-old rape survivor to continue her pregnancy, holding that termination cannot be allowed without the minor’s consent, even in cases involving sexual assault.
A single bench of Justice Vishal Mishra directed the state government to bear all expenses related to the delivery, which will be conducted at Hamidia Hospital in Bhopal under the supervision of an expert medical team.
Medical board confirms survivor’s decision
The order, passed on December 11 and made available on Friday, came after a district court sought guidance from the High Court on whether the pregnancy of the minor survivor could be terminated. Acting on this reference, the High Court sought a detailed report from a medical board.
According to the medical board, the survivor is 16 years and seven months old, with a gestational age of 29 weeks and one day. The board noted that she was properly counselled on the options of continuing or terminating the pregnancy and clearly expressed her wish to go ahead with the delivery.
The report further stated that the pregnancy had reached a stage that falls within the permissible delivery period, making continuation medically feasible under expert supervision.
CWC report highlights family rejection
A report submitted by the Child Welfare Committee (CWC) informed the court that the survivor had married the father of her child, who is also the accused in the case, and wanted to proceed with the birth.
The CWC also noted that the girl’s parents were unwilling to keep her with them, stating that they had severed all ties with their daughter as she married of her own will. This left the minor without familial support at a crucial stage of her life.
Survivor to remain under state care till 18
Emphasising that a pregnancy cannot be terminated without the survivor’s consent, the High Court directed the CWC to keep the minor under its care until she attains the age of 18. The court also instructed authorities to ensure the safety, health, and well-being of both the survivor and her child.
The ruling underscores the importance of respecting a survivor’s autonomy while ensuring institutional support, medical care, and child protection mechanisms for minors facing complex and deeply personal circumstances