In CWP-25508-2022-PUNJ HC- P&H HC allows minor rape victim to terminate her 26-week pregnancy, says pregnancy is testimony to her bruised body and such decisions are tough, however, life is about being able to live with dignity
Justice Vinod S. Bhardwaj [21-11-2022]

Read Order: MRS. X V. STATE OF HARYANA AND OTHERS

Monika Rahar

Chandigarh, November 28, 2022: While allowing a petition seeking medical termination of pregnancy of a minor rape victim, the High Court of Punjab and Haryana has observed that since the pregnancy was an outcome of violation of the minor, it will be a testimony to her bruised soul.

“In either of the said situations, the mother, as well as the child, suffer social stigma and incarceration for the rest of their lives. The same is not in the best interest of either the mother and her family already have expressed their unwillingness to bring up the child, it may not even be advancing the cause of the unborn, who will grapple to come to terms with life and be subjected to maltreatment for no fault”, the Bench added while also reflecting on how “such decision is tough, however, life is not just about being able to breathe-it is about being able to live with dignity”. 

The instant writ petition was filed for the issuance of a writ in the nature of Mandamus directing the respondents to terminate the pregnancy of victim “X” (daughter of the petitioner) under the provision of the Medical Termination of Pregnancy Act, 1971. 

The instant petitioner got pregnant on account of rape which she was subjected to. An FIR was registered under Sections 363, 366-A, 376, 450 and 34 of the IPC and Sections 4 and 17 of the Protection of Children from Sexual Offences, Act, 2012. 

It was submitted that the petitioner was a minor and the continuation of the pregnancy will cause great physical and psychological trauma to her. It was further submitted that since the pregnancy was more than 24 weeks old, the petitioner was bound to approach this Court for seeking termination of the pregnancy in accordance with the statutory mandate. 

Pursuant to an order of the Court, the petitioner appeared before the Medical Board of the Shaheed Hasan Khan Mewati Govt. Medical College & Hospital, Mewat and subjected herself to a medical examination. A report from the Board of Directors was submitted to the Court. 

It was the categorical submission of the petitioner that the continuation of the said pregnancy was likely to cause her great pain as she was a minor and the pregnancy would be a persistent reminder of the atrocity to which she was subjected. It was further submitted that the anguish caused by the pregnancy was itself sufficient to constitute a grave injury to the mental health of the petitioner and that it would rather be in the betterment and best interest of the unborn child as well as the petitioner that the pregnancy was permitted to be terminated. 

After hearing the parties, the Court observed that the victim was still a minor and was dependent on her family; she was yet to complete her education and pursue her goals in life. Further, while considering that the pregnancy was an outcome of a violation of the minor, the Court held that the pregnancy was a testimony to her bruised body and soul. 

“The child, if born, is not a reminder of good memories, but shall be a reminder of trauma and agony she had to undergo. As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his origin or only to be given away”, the Bench observed while holding that in either of the said situation, the mother, as well as the child, would suffer social stigma and incarceration for rest of their lives. 

“The same is not in the best interest of either the mother and her family already having expressed their unwillingness to bring up the child, it may not even be advancing the cause of the unborn, who will grapple to come to terms with life and be subjected to maltreatment for no fault”, the Court held. 

Importantly, the Court opined, 

“Such decisions are tough, however, life is not just about being able to breathe-it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval is writing on the wall, it compounds the agony of the child and leads to greater injustice. The balance thus needs to be drawn to examine the overall well-being”. 

Thus, while allowing the termination of the pregnancy, the Court directed the Director of the Medical Board of the Shaheed Hasan Khan Mewati Govt. Medical College & Hospital, Mewat to take all appropriate and necessary steps needed to carry out the medical termination of the pregnancy of the petitioner upon satisfaction of all such necessary conditions as prescribed in law. 

The petitioner would be at liberty to espouse her financial status before the authorities concerned and be entitled to the benefit under the prevalent schemes in accordance with the rules, the Court held.