In a recent judgement, the Uttarakhand High Court ruled that a rape survivor has the right to terminate her pregnancy, even after the new legal upper limit of 24 weeks.
The judgement followed the case of a 16-year-old rape survivor who petitioned through her father seeking permission to terminate her pregnancy, which has crossed the upper limit of 24 weeks. She is 28 weeks pregnant and a medical board that analysed the situation said it can pose a “substantial risk to the life” of the survivor.
However, the girl argued that the unwanted pregnancy is traumatic and harmful for her mentally and emotionally. Justice Alok Kumar Verma passed the judgement that the survivor’s plea must be honoured in favour of her “right to life”. “Right to life means something more than survival or animal existence. It would include the right to live with human dignity,” Justice Verma said.
Earlier according to the Medical Termination of Pregnancy Act, 1971, the upper limit for abortion was set at 20 weeks. Under the Medical Termination of Pregnancy (Amendment) Act, 2021, the upper limit was increased to 24 weeks.
Justice Verma added, “Where any pregnancy is… caused by rape, the anguish caused by the pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman.” The high court observed that if the petitioner isn’t permitted to terminate her pregnancy, it may cause severe damage to her mental health.
To further help the girl, the court ordered that the abortion must be carried out with urgency and by the best available gynaecologist, under the guidance of the medical board. The court also said that if during the procedure, the surgeons believe that the girl’s life is in danger, they have the permission to not go through with it.