By Kawanpreet Kaur

The Allahabad High Court persuaded a 15 year old girl and her family to not terminate 32 week pregnancy, explaining the risks involved in aborting late stage pregnancy. It was alleged that a man kidnapped the victim and raped her, after which the girl became pregnant. The victim filed rape charges against the accused under the POCSO Act and filed a petition in the High court to terminate the pregnancy. The medical panel acknowledged that the pregnancy would impact the mental and physical well-being of the victim but also informed the court that serious health risks are involved in going through termination of pregnancy at a late stage. The Court observed that the choice of terminating one’s pregnancy is a delicate issue which needs to be handled carefully. The decision to terminate one’s pregnancy has to be taken by no one but the woman herself as it is a part of her bodily autonomy and her decision is supreme. However, in this case, the Court counselled the girl and her family about the risks involved in terminating the pregnancy like the risk of losing one’s life or future risks of not getting pregnant. Ultimately,the victim and her family decided to continue the pregnancy and put the child for adoption after the delivery. The Court issued directions to enable the delivery of the child and maintain strict confidentiality. It ordered the State to bear all expenses for the delivery of the child. It also directed the State to ensure that the adoption process is carried out efficiently and in the best interest of the child. [X (minor victim) v. State of UP & Ors.- Writ C No.- 21956 of 2024)

Click here to read/download the order.