By: Tanvi Mehta

In a recent ruling, the High Court of Judicature for Rajasthan at Jodhpur addressed significant issues surrounding the medical termination of pregnancy and the state’s obligations in a case involving a minor rape victim. The case originated as a request for medical termination of pregnancy but evolved due to the advanced stage of gestation.

The victim’s father initially filed a civil writ petition (No. 13913/2024) seeking permission for abortion. On August 20, 2024, the court granted this request. However, by the time the victim reached the hospital, her pregnancy had advanced to 29 weeks, making the procedure too risky. Consequently, the victim’s father filed a new writ miscellaneous application.

The High Court examined two key issues raised in this application: Firstly, whether the previous order permitting abortion should be recalled given the advanced stage of pregnancy and secondly, whether the State should be directed to bear the expenses of the delivery.

On the first issue, the Court recalled its previous order permitting the abortion, citing the risk to the victim’s health due to the advanced stage of pregnancy. This decision was influenced by a recent Supreme Court judgment in a similar case (X v. State of Maharashtra & Anr., Civil Appeal No. 5194/2024). Regarding the second issue, instead of directing the State to cover delivery expenses as requested, the court accepted a volunteer offer from advocate Mr. Shreyansh Mardia to bear all costs related to the delivery. This decision effectively absolved the State of the financial responsibility for the delivery.

Additionally, the Court instructed the Child Welfare Committee of Sirohi to counsel the victim and her parents about adoption procedures, should they choose that path. The Committee was also granted authority to take custody of the newborn if necessary.

[Case: Mr. X v. State of Rajasthan, Citation: S.B. Writ Misc. Application No. 288/2024.]

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