Conscious Decision Taken By Minor Rape Victim & Her Guardian: Madhya Pradesh HC Allows Plea to Terminate Pregnancy
|The Madhya Pradesh High Court allowed the medical termination of pregnancy of a minor rape victim observing that it was a conscious choice made by the girl and her grandmother.
The Court expunged the observation made in the impugned order by the Single Judge that the lodging of the FIR by the grandmother of the minor victim (petitioner) was “suspicious.” The Single Judge had referred to the medical report of the petitioner and the FIR and held that “no case is made out for terminating the pregnancy.”
A Division Bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “The latest medical opinion suggests that the pregnancy is a high risk pregnancy. There is high risk in both, taking the pregnancy to term and in termination of pregnancy. A conscious decision has been taken by the guardian of the minor as also the minor girl to proceed further with the termination of pregnancy. This is coupled with the fact that an offence of rape has been committed on the minor and the guardian of the minor is an aged woman of 60 years who is solely taking care of the minor and states that she would be unable to take care of the minor and the baby.”
Advocate Divyakeerti Bohrey appeared for the appellant, while GA Ritwik Parashar represented the respondents.
The grandmother of the minor challenged the decision of the Single Judge contending that she had been the primary caregiver since the parents of the minor were living separately. The grandmother also stated that she was 60 years old and was not in a position to take care of the child, if born.
The medical board's opined that termination of pregnancy at this gestational age carried risks due to the high-risk nature of the teenage pregnancy and the survivor's mild intellectual disability. Despite these risks, the board allowed for the possibility of termination if ordered by the court, with all associated risks thoroughly explained to the minor.
The Single Judge had initially declined the termination request, noting suspicions regarding the FIR lodged by the grandmother. However, the Division Bench of the High Court found no material to substantiate these suspicions and expunged this observation from the record.
The Court referred to the Supreme Court’s judgment in A (Mother of X) v. State of Maharashtra which points out the importance of the pregnant person's consent in decisions regarding reproductive autonomy. The Supreme Court had held that in cases where there is a divergence of opinion between a pregnant minor or mentally ill person and their guardian, the opinion of the minor must be given significant weight.
A report from the Judicial Magistrate showed that despite her mental age being assessed at 6.5 years, the minor demonstrated a mature understanding of her situation. The Court noted that minor expressed her desire not to continue with the pregnancy,
“In the instant case, as noticed above, the latest medical opinion suggests that the pregnancy is a high risk pregnancy. There is high risk in both, taking the pregnancy to term and in termination of pregnancy. A conscious decision has been taken by the guardian of the minor as also the minor girl to proceed further with the termination of pregnancy. This is coupled with the fact that an offence of rape has been committed on the minor and the guardian of the minor is an aged woman of 60 years who is solely taking care of the minor and states that she would be unable to take care of the minor and the baby,” the Bench remarked.
Consequently, the Court permitted the termination of the pregnancy and directed the doctors to explain to the family members as well as the petitioner the risk of the termination of her pregnancy.
Accordingly, the High Court allowed the petition.
Cause Title: A Minor v. The State Of Madhya Pradesh & Ors.