The Allahabad High Court recently held that a woman can’t be compelled to give birth to the child of a man who sexually assaulted her.
While considering a plea for terminating a 25-week pregnancy of a 12-year-old rape victim the court emphasized that imposing the responsibility of motherhood on sexually assaulted women would violate their right to live with dignity and lead to undue suffering.
The judgment highlighted that women have the right to decide whether to become a mother, especially in cases of sexual assault.
The judgment stated that “In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with the responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother. Section 3(2) of the MTP Act reiterates the rights of a woman. To force the victim to give birth to the child of a man who sexually assaulted would result in unexplainable miseries (sic).”
The Court acknowledged the provisions of the MTP Act, which allow for the termination of pregnancies up to 24 weeks in cases of rape and minority of the mother.
It also recognized the presumption of adverse mental health effects on a rape victim resulting from a pregnancy. While the Act generally does not permit termination beyond 24 weeks, the Court noted that constitutional courts, including the Supreme Court, have allowed exceptions in certain circumstances.
Considering the urgency of the matter, the Court ordered a medical hospital to examine the child promptly and directed a report to be submitted in a sealed cover by July 12.
