Jaipur: The Rajasthan High Court has allowed the medical termination of pregnancy (MTP) of a minor rape survivor who was more than 23 weeks pregnant, despite the Medical Board warning that the procedure involved significant risks.
The case was heard by Justice Shubha Mehta on a petition filed by the 65-year-old father of the minor rape survivor from Kota district.
According to the petition, the girl became pregnant as a result of rape and was suffering from severe mental and physical trauma. Both the survivor and her father informed the Court that she did not wish to continue with the pregnancy and sought permission for its termination.
During the hearing, the Court examined a report submitted by the Medical Board of J.K. Lon Mother and Child Hospital, Kota. The report stated that the girl was 23 weeks and 1 day pregnant at the time of examination.
The Board observed that terminating the pregnancy at such an advanced stage would pose a high risk to both the survivor and the foetus. However, it also noted that the survivor and her father remained firm in their request for termination despite the risks.
After considering the survivor’s mental condition and her wishes, the High Court held that the pregnancy could be terminated, provided that all legal requirements and medical protocols were strictly followed.
The Court clarified that although the Medical Board had highlighted the risks, the procedure could still be carried out after obtaining the required informed consent from the survivor and her guardian.
The Court directed the hospital to conduct the termination in accordance with accepted medical standards and to preserve the foetus for any future DNA examination required during the criminal investigation or trial.
It also ordered that the survivor be provided with all necessary medical care, counselling, nutrition, and post-operative treatment before and after the procedure. The hospital was instructed to ensure that the entire treatment is provided free of cost and that the identity of the survivor remains confidential at every stage.
Additionally, the High Court clarified that the survivor is free to seek compensation under the Rajasthan Victim Compensation Scheme, in accordance with the law.
To ensure prompt implementation, the Court directed the survivor’s counsel to immediately coordinate with the hospital authorities and produce the survivor before the hospital. It further ordered the hospital to complete the medical termination of pregnancy within three days.