Madhya Pradesh HC Permits Termination of Teenage Rape Victim’s Pregnancy

The Madhya Pradesh High Court has granted permission for the termination of the pregnancy of a teenage rape victim beyond eight weeks. The court instructed the victim’s father to submit an affidavit affirming their accusation, ensuring they do not retract during the trial.

A bench of Justice G S Ahluwalia heard the plea of the minor seeking termination of her pregnancy. The court mandated the father to file an affidavit before the Chief Judicial Magistrate (CJM) of Sagar district, confirming the rape allegation and the petition for pregnancy termination.

The complaint, lodged in Sagar district, states that the 17-year-old girl became pregnant after being raped on October 23 the previous year. The accused faces charges under Indian Penal Code (IPC) sections 376, 376 (2)(n), sections of the Protection of Children from Sexual Offences (POCSO) Act, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The court directed, “Before the termination of pregnancy, the petitioner’s father must submit an affidavit to the CJM, confirming the rape and expressing readiness for pregnancy termination.” The court order emphasized that both the petitioner and her father must also submit an affidavit to the investigating officer, pledging not to retract their statement during the trial.

Furthermore, the order specified that the trial court should submit its report to the registrar general of the High Court, along with the deposition sheet of the prosecutrix if she turns hostile or claims to be a major. The investigating officer is tasked with obtaining a certified copy of the affidavit, keeping it in the case diary, and presenting it before the medical board. Only after the board receives the affidavit, it can proceed with terminating the pregnancy, as per the court’s directive.

The girl, through her father, filed a petition seeking court direction for the termination of her eight-week and five-day pregnancy in the interest of justice, according to the court order.