Rajasthan HC Denies Abortion To 11-Year-Old Rape Survivor. Here Is Why

The Rajasthan High Court recently denied the plea for abortion filed by an 11-year-old survivor of rape. The pregnancy was of 32-weeks and so the court said that abortion might endanger the girl's life. It also added that a fully developed foetus has all the rights to life under Article 21 of the Indian Constitution. The girl who was raped by her father wanted an abortion because the child constantly reminded her of the atrocities committed against her.

An FIR was filed against the girl's father under multiple sections of the Indian Penal Code Section 376 and the POCSO Act. The lawyer representing the girl said, "She told her uncle about the wrong things her father used to do with her and that he also used to threaten her. As of the day of judgment, she was 31 weeks and 2 days old pregnant." The lawyer further added that the mother was intellectually impaired. 

The Court's judgement 

The bench headed by Justice Anoop Kumar Dhand said that the delay in filing the plea "has only further aggravated the said aspect" of the termination of pregnancy. The bench relied on the reports of the Medical Board and a few prior judgements in similar cases to dispense its statement. 

The court said, "The medical report indicates that the foetus is gaining weight and is close to its natural birth. Vital organs, like brain and lungs, are almost fully developed, preparing for life outside the womb. The foetus has, in fact life with heartbeats, hence termination of pregnancy, at this stage, is not advisable and possible. The fully developed foetus also has the right to life under Article 21 of the Constitution of India to enter in this world and live a healthy life without any abnormalities." 

The Medical Board's report

The Medical Board consisting of four doctors examined the rape survivor on January 17. The Board said that considering her age, weight (34.2 kgs) and her deranged liver function tests, she is at a high risk in regards to her pregnancy. Due to her advanced gestational period and minor age, abortion would not be safe and would even be life-threatening. 

So the court concluded that, "There is no material available on record on the basis of which this Court may differ with the opinion expressed by the Medical Board, hence under these circumstances, if any direction is issued for termination of the pregnancy of the petitioner, at this advanced stage, the same would endanger the life of the minor victim."

The court further backed its judgment by referring to the 2023 Supreme Court case in which the bench denied abortion to a minor rape victim who had a pregnancy of 28 weeks. Moreover, the court also cited the Punjab and Haryana High Court judgements in which abortion was denied to a minor of a similar age. Hence, the court said, "This Court has no valid reason to take a different view."

The court provided the girl with government aids

However, the court has provided the rape survivor with certain aids to ease the delivery and the post-delivery life. The court said that since the girl was raped by her own father, she can stay and study at Balika Grah until she becomes an adult. The state government has been issued with several directions including incurring the cost of the girl's delivery and her stay and studies at Balika Grah. 

The superintendent of the hospital where the girl was examined has been asked to deliver the child, preserve the tissue, cord and blood sample of the foetus for the DNA analysis by the Forensic Science Laboratory (FSL). The analysis report should be handed over to the Investigating officer as and when required. 

After the birth of the child, the child should be handed over to the Child Welfare Committee for adoption. 

The court further said that The Rajasthan State Legal Services Authority (RSLSA) and the District Legal Services Authority (DLSA), Jaipur should "pay suitable amount of compensation to the petitioner victim in terms of the provisions contained under the Rajasthan Victim Compensation Scheme, 2011.” 

Karnataka HC's guidelines on rape survivor pregnancy 

Last year in December, Justice Suraj Govindaraj led the bench when the High Court came across the case of a 17-year-old rape survivor wanting to abort 24-week-old pregnancy. While the court granted the permission to terminate the pregnancy, it made this observation that the father of the rape survivor wouldn't have to approach the High Court or go through the mental trauma of seeking an abortion at a belated stage of the rape survivor was aware of her abortion rights. 

The Court said, "There is severe mental trauma which is caused to the petitioner as also her family members ... can well be avoided if, at the time of registration of the FIR itself, her rights as regards termination of medical pregnancy caused out of such sexual offences are conveyed to both the victim and her family."

The court issued some guidelines regarding the same which you can read here.