U'khand HC Rules Rape Survivor Can Terminate Pregnancy, Citing Right To Live With Dignity

A rape survivor can terminate pregnancy, the Uttarakhand High Court upheld recently, citing a woman's right to live with dignity. She has "the right to make a choice to carry," the court ruled, elaborating that the right to life is more than mere animal existence or survival.

The matter concerned a minor rape survivor with a 28-week pregnancy. Her father reportedly moved the HC to appeal for a termination of her pregnancy. The legal representative for the minor argued that there would be risks to the health, both of the girl as well as the foetus, if the pregnancy was allowed to proceed.

"There is a right to termination pregnancy on ground of rape. A rape victim has a right to make a choice to carry. She has also right not to carry pregnancy subject to the conditions as enumerated under the provisions of the ," the court observed, as quoted by Bar & Bench. 

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The HC directed that the medical procedure should only be conducted by a senior gynaecologist with the medical board presiding over the case. The operation should be cancelled in the event that it poses a risk to the life of the minor.

The MTP Act 1971 permits the termination of a pregnancy if it is between 12-20 weeks. The Act notes the "anguish caused by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman."

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Last year in March, the Rajya Sabha approved the Medical Termination of Pregnancy (Amendment) Bill, 2021 that increases the upper gestation limit from 20 to 24 weeks for special categories of women, including survivors of sexual violence. Here's a side by side comparison of both versions of MTP.

"It is a step towards safety and well-being of the women and many women will be benefitted by this," the government said in a release. "The amendments will increase the ambit and access of women to safe abortion services and will ensure dignity, autonomy, confidentiality and justice for women who need to terminate pregnancy."