Madhya Pradesh HC Grants Permission for Termination of Rape Survivor’s Pregnancy

Jabalpur, Madhya Pradesh: In a significant decision, the Madhya Pradesh High Court, on January 2, granted approval for the termination of the pregnancy of a teenage rape survivor, who is more than eight weeks pregnant. The court’s order includes a directive to the survivor’s father to submit an affidavit, confirming their accusation of rape and pledging not to retract their statement during the trial.

Court Order and Affidavit Requirement

The bench of Justice G S Ahluwalia heard the survivor’s plea and passed the order, instructing the father to file an affidavit before the Chief Judicial Magistrate (CJM) of Sagar district. This affidavit is expected to state that the survivor was indeed subjected to rape and that the family seeks medical termination of her pregnancy. It further emphasizes the commitment not to change their statement during the trial.

Background of the Case

The survivor, a 17-year-old girl from Sagar district, became pregnant after an alleged rape on October 23 last year. The accused is facing 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.

<h4>Court’s Caution and Further Directives

The court order explicitly states that the trial court must submit a report to the registrar general along with the deposition sheet of the survivor in case she turns hostile or claims no rape occurred. The investigating officer is directed to obtain a certified copy of the affidavit and include it in the case diary, producing it before the medical board. Only upon the production of this affidavit, the court has allowed the medical board to proceed with the termination of the pregnancy.

Petitioner’s Plea for Justice

The teenage survivor, represented by her father, filed the petition seeking the court’s permission to terminate the pregnancy, emphasizing the urgency for justice in the matter.

This ruling stands as a legal intervention ensuring the survivor’s right to make choices about her body and reproductive health, marking a crucial development in the ongoing battle against sexual offenses.