The Kerala High Court has ruled that a rape victim cannot be compelled to carry the child of her assailant to term, affirming that such an act would violate the victim’s right to dignity under Article 21 of the Indian Constitution. In a case involving a sixteen-year-old rape victim who had reached 28 weeks of gestation, the court permitted the medical termination of the pregnancy.
Justice Kauser Edappagath emphasized that denying permission to terminate an unwanted pregnancy would effectively force motherhood upon the victim, thereby infringing upon her fundamental right to live with dignity as guaranteed under Article 21. The court cited Section 3(2) of the Medical Termination of Pregnancy (MTP) Act, which allows termination of pregnancy if its continuation would cause grave injury to the physical or mental health of the pregnant woman, with Explanation 2 stating that pregnancy resulting from rape is presumed to constitute a grave injury to the mental health of the victim.
The court highlighted the evolution of abortion laws in India, noting that the MTP Act of 1971 legalized safe abortions following the recommendations of the Shantilal Shah Committee. It further mentioned the 2021 amendment to the MTP Act, extending the permissible period for abortions to 24 weeks for certain categories of women, including survivors of rape.
Reproductive rights, including the right to access safe and legal abortions, were underscored by the court as integral to the right to personal liberty under Article 21. It cited previous Supreme Court decisions emphasizing reproductive autonomy and a woman’s right to decide on abortion, regardless of marital status.
In the present case, the court considered the victim’s minor status, the alleged rape, and the severe physical and mental trauma she would endure if the pregnancy continued. The victim’s socioeconomic background and lack of mental preparedness for childbirth were also taken into account. Based on these factors, the court granted permission for the termination of pregnancy.
Additionally, the court directed that if the fetus was found alive at birth, the state would assume full responsibility for its medical care and assistance under the Juvenile Justice (Care and Protection of Children) Act, 2015.
In conclusion, the court upheld the victim’s right to dignity and autonomy over her body, permitting the termination of pregnancy in accordance with the law and prevailing constitutional principles.