By Astha Bhumish Shah 

The Punjab & Haryana High Court refused to allow termination of pregnancy beyond 25 weeks of a rape victim, observing that the medical board opined that there is a possibility of the foetus being delivered alive if pregnancy is terminated at this stage. While the Court cannot undo the wrong already committed against the petitioner and can only take restorative measures, it can strike a balance for the apprehensions and the challenges expressed by issuing appropriate directions. These observations were made while hearing a writ petition for issuance of a writ in the nature of Certiorari for quashing the impugned order passed in June by the President of the Medical Board for Pregnancy Termination. In the present case it was alleged that the petition was raped and became pregnant due to the offence committed on her and by the time she realised, the pregnancy was beyond 24 weeks.  

The Court further recognizes the right of a woman to exercise discretion where the pregnancy is an outcome of failure of contraceptive devices adopted or where such pregnancy is an outcome of rape or physical assault or under circumstances as elaborated in Rule 3 B of the MTP Rules of 2003 as amended. The Court noted the argument that pregnancy is an outcome of rape, and the child would live with the trauma of an unwanted child and would also mar the future prospects of the petitioner who is merely 21 years old and has an entire career ahead. The crucial factors required to be kept in mind are the medical perspectives which take account of not only the health of the mother and the foetus but also the viability of the foetus to survive. The other aspects pertain to the legal aspects; the socio-economic circumstances; the psychological impact as well as the ethical considerations. However, when the possibility of the foetus being delivered alive and chances of survival being between 50-70%, the Court would require to be aware of the physical and neurological effect which such a procedure may have on the foetus, if delivered alive. The risks become immense, and the child may have to live a crippled or a dependent life due to challenges to mental and physical growth. In light of the same, the Court held opined that the circumstances surrounding the case did not give rise to convincing reasons where the pregnancy must be terminated.  

While passing certain directions to the medical board and the Child welfare committee, the Court allowed the petitioner if she wishes, to appear before the Medical Board for medical re-examination under the MTP Act and terminate the pregnancy if the board is in favour of the termination. (XXX v. State of Haryana & Ors. – CWP-15049-2024) 

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