By Kawanpreet Kaur

The Madhya Pradesh High Court allowed a writ appeal filed by a minor rape victim, who was 6 years old and was over 28 weeks pregnant, to terminate the pregnancy. It was alleged by the grandmother of the victim that the victim was raped and was three months pregnant when she discovered the victim was pregnant. The Court observed that the pregnant minor’s consent regarding the continuation of pregnancy is crucial in such cases. It directed a lady judicial officer, along with the gynaecologist, to visit the hospitalised minor and seek her opinion after explaining the complications of continuing her pregnancy or terminating it. Later, the Magistrate in her report recorded that both parents of the victim were present at the time of the visit, and the victim expressed her inclination not to continue with the pregnancy since none of them was in a position to take care of the newborn child. Taking into account the consent of the victim, the court directed that the procedure of termination should be carried out by an expert team of doctors when they deem it fit, and the samples of the foetus should be preserved for DNA exam and trial. The Court also referred to cases of  X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi, to emphasise the right to reproductive autonomy of a woman, and A (Mother of X) v. State of Maharashtra & Anr. to stress on the primacy of the opinion of the pregnant person. (A Minor Through Her Grandmother v. State of Madhya Pradesh & Ors.- WA No. 1661 of 2024)

Click here to read/download the order.