Apprehension Of Social Ostracization Not Enough: Rajasthan HC Declines Permission To Terminate Minor Rape Victim's Pregnancy

The Rajasthan High Court refused to permit a minor rape victim to terminate her around 27-week pregnancy on account of apprehensions of social rebuke, but passed several directions to ensure that her pregnancy goes through without hindrance.

The Court was hearing a Writ Petition seeking directions to terminate the pregnancy of a minor rape victim. The minor was found to be around 27 weeks pregnant as determined by a medical board constituted pursuant to an Order. As per the board's report, terminating the pregnancy would be of higher risk for both the victim and the foetus as compared to continuing with it. The victim and her father apprehended bad reputation in the society, difficulty in marriage and feared getting outcasted.

The Single Judge Bench of Justice Avneesh Jhinghan even while recording that the statement of the victim and her father has to be given weightage, said, "The psychological aspect on the basis of pressure of the society in itself shall not be enough to put two lives in danger."

Advocate Sangeeta Kumari Sharma appeared for the petitioners and Additional Advocate General Vigyan Shah appeared for the State of Rajasthan.

The medical board had stated that if termination of pregnancy is conducted, it would have to be through induction of labor and the baby so born would be extremely pre-mature and under-weight. It added that even if the baby survives in the intensive care, the brain damage would be significant. The medical board said the risk in terminating the pregnancy was multiplied due to the low hemoglobin and platelet count of the female.

The Court recorded that on the basis of psychological assessment of victim and social status of the family, the medical board has stated that "continuation of pregnancy shall be stressful and on combining, physical and psychological impact, the termination of pregnancy has found favor." The psychological analysis by the medical board placed heavy reliance upon the fact that the victim and her father apprehend bad limelight in the society and facing difficulty in marriage and they may be outcasted. "The statement made by the father of the victim and victim has to be given weightage. The apprehension of the victim and the father are no doubt has a basis," the Court said.

To assuage the apprehensions of the victim and her father, the Court passed certain directions. It ordered that the State Government shall ensure the safety of the victim until there is an assessment by the higher police officials that there is no threat perception. The Superintendent of the hospital was ordered to ensure all medical facilities till delivery and thereafter free of cost. The police were ordered to ensure the privacy of the victim is maintained.

On birth, the Court said, the child may be handed over to the Child Welfare Committee (CWC) and necessary formalities shall be completed by the victim or her guardian for handing over the custody to the CWC. "The petitioner would give no objection for the child being given in adoption by the State Agencies to the willing parties in accordance with law. The CWC shall take care of all the needs and facilities of the child."

As the petitioner is a rape victim as alleged in the FIR, the Court ordered that the authorities concerned "shall proceed expeditiously" for awarding interim compensation to the victim. The Rajasthan State Legal Services Authorities was also ordered to pay compensation. The hospital was ordered to retain two samples of DNA analysis and hand it over to the investigating agency when required.

Since there is a dispute with regard to the age of the victim, the Court asked the Secretary, Social Justice and Family Welfare to probe into the matter.

The Court said coming to the conclusion on ordering the termination of pregnancy various dimensions have to be considered, "The most relevant being the health of the mother and foetus and the chances of the foetus surviving."

The Court held that in the present case, the pre-requisites of Section 3(2)(b) and Section 5 of the Medical Termination of Pregnancy Act, 1971 have not been met. The permission sought for termination of pregnancy was declined and the Writ Petition disposed of.

Cause Title: Victim Minor v. State of Rajasthan [S.B. Civil Writ Petition 16384 of 2024]

Appearance: 

Petitioner: Advocate Sangeeta Kumari Sharma

Respondents: Additional Advocate General Vigyan Shah, Government Counsels Yash Joshi, Pulkit Bhardwaj, Neeraj Batra, Suman Shekhawat, Virendra Pratap Singh and Rajendra Singh Rathore; Braj Narain Sharma, CWC Chairperson, Kota

Click here to read/download the Order