Court grants abortion to 7-months pregnant rape survivor teen

The Rajasthan High Court has granted permission for a 13-year-old rape survivor to undergo an abortion at 27 weeks of pregnancy. Justice Sudesh Bansal’s bench ruled that continuing with the pregnancy would cause lifelong suffering to the survivor, including the burden of raising the child and other related challenges. The court emphasized that the potential harm to the minor’s mental health could not be ignored, stating that forcing her to give birth would have a significant psychological impact. The court's order came in response to a petition filed by the survivor's lawyer.

In its ruling, the court directed the superintendent of the Women’s Hospital in Sanganer (Jaipur) to ensure that the abortion is carried out under the supervision of a medical board. Advocate Sonia Shandilya, who represents the survivor, informed the court that the survivor’s parents were also in favor of the abortion. The court’s decision follows the Medical Termination of Pregnancy (MTP) Act, 1971, which allows for abortion in cases where continuing the pregnancy would cause severe harm to the woman’s mental or physical health.

The court also issued specific instructions regarding the fetus. If the fetus is found to be alive during the procedure, the state government will take responsibility for its care. If the fetus is not alive, the court directed that its tissues should be stored for DNA analysis. This order ensures that, in either case, the legal and medical protocols are followed thoroughly.

The legal team representing the survivor referred to earlier cases where the Supreme Court and various High Courts had permitted abortions in cases where the pregnancy had exceeded 28 weeks, citing similar health and mental health concerns. In this case, the medical board’s report had indicated that, while the abortion procedure carries high risks, it could still be performed safely under medical supervision.

The Rajasthan High Court had previously expressed a need for clearer guidelines regarding abortion in rape cases, particularly for minors. In December 2024, the Chief Justice’s bench had indicated plans to issue guidelines related to the Medical Termination of Pregnancy Act. The bench affirmed that under the MTP Act, 1971, pregnancies up to 24 weeks do not require court approval, but judicial permission is necessary for abortions after this period.