By Astha Bhumish Shah 

The Telangana High Court in response to a writ petition filed by the victim’s mother, allowed the 12 year old victim to terminate her 26 week pregnancy. The petitioner, a domestic worker had noticed her daughter missed her menstruation cycle for over five months, upon inquiry with the doctor, the minor’s pregnancy was revealed. It was discovered that the victim had been repeated assaulted by the accused and four of his friends. A case was then filed under the IPC and POCSO Acts. However, when the victim was taken to the hospital, the doctors refused to perform the procedure to terminate her pregnancy stating that it was beyond the statutorily permitted period of 24 weeks. Hence the mother approach the High Court. It was argued by the petitioner that the consent of the victim is paramount in matters involving reproductive choice and abortion. Forcing the victim to continue with the pregnancy would cause her severe mental anguish and potential physical harm. The Court took into consideration the provisions of the Medical Termination of Pregnancy (Amendment) Act, 2021 which recognises the mental trauma that can accrue due to a pregnancy resulting from rape and reasoned that given the tender age of the victim, continuing with the pregnancy would not only risk physical and mental risks but also subject her to social stigma. The Court further went on the discuss that even the Supreme Court in many cases has provided that the right of choice of the pregnant woman to continue or terminate their pregnancy is one of the facets of fundamental rights guaranteed under Article 21 of the Constitution of India. Hence, the Court disposed of the petition directing the hospital to perform the procedure within 48 hours of obtaining consent. (Chakali Bhagyamma v. State of Telangana – WRIT PETITION No. 17358 OF 2024) 

Click here to read/ download the order.