‘Consent Paramount': Allahabad HC Clears 31-Week Abortion For Minor Rape Survivor Despite Medical Board Warning
The minor, aged 17 and a half, had approached the court through her father, seeking medical termination of pregnancy resulting from sexual assault
Despite a medical board's caution that terminating a 31-week pregnancy could endanger both mother and foetus, the Allahabad High Court has allowed a minor rape survivor to undergo the procedure, underscoring that her consent and reproductive autonomy are constitutionally protected.
The minor, aged 17 and a half, had approached the court through her father, seeking medical termination of pregnancy resulting from sexual assault. A case under the POCSO Act and the Bharatiya Nyaya Sanhita is already underway.
Earlier, the girl had approached the Chief Judicial Magistrate in Agra, who referred the matter to a medical board. The board, after two rounds of examination, concluded that the pregnancy was well past 29 weeks and that abortion posed a threat to both mother and unborn child. By the time the matter came up before the High Court, the foetus was approximately 31 weeks old.
But the court wasn't persuaded by medical caution alone. During a special hearing, Justices Manoj Kumar Gupta and Ram Manohar Narayan Mishra noted that the girl had been through trauma and her mental and physical condition was 'precarious". Counselling sessions conducted by a psychiatrist and clinical psychologist revealed that the minor and her family were fully aware of the risks but remained determined to terminate the pregnancy.
In a sealed report submitted to the court, the counsellors wrote that the petitioner and her family understood all options, yet did not want to carry the pregnancy to term under any circumstance, citing emotional distress, social stigma, and economic hardship.
The state's counsel, Rajiv Gupta, confirmed that the medical college had tried to dissuade the girl, but the team could not alter her decision. 'She is not in a stable mental state and is dealing with deep trauma," he submitted.
Weighing the circumstances, the court relied heavily on recent Supreme Court rulings, including A (Mother of X) v State of Maharashtra (2024) and XYZ v State of Gujarat (2023), where it was held that the right to abortion is part of the fundamental right to dignity, privacy, and bodily autonomy.
'Consent of a pregnant person in decisions of reproductive autonomy and termination of pregnancy is paramount," the Allahabad High Court observed, adding that denial of termination in cases of rape, especially involving minors, may be arbitrary and unreasonable.
Calling it a 'difficult but necessary" decision, the court allowed the termination and directed the principal of SN Medical College, Agra, to form a team of specialists to perform the procedure without delay. It further directed the District Magistrate to ensure all medical and travel expenses of the petitioner are covered by the state. The aborted foetus is to be preserved for forensic examination.
Confidentiality of the victim was ordered to be strictly maintained, and the court acknowledged the medical team's support in handling the sensitive case.
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