Madhya Pradesh court allows minor rape survivor to deliver baby, orders full support
The Madhya Pradesh High Court has allowed a 31-week-pregnant minor to deliver her baby. The decision was delivered by Justice Vinay Saraf during a vacation single bench hearing. The court also directed the state government to ensure the girl receives complete medical care and continued support after the child is born.The police had informed the Additional District Judge (ADJ) court about a minor who had been sexually assaulted and was found to be pregnant. A medical report confirmed that the foetus was 29 weeks and 6 days old. Doctors warned that attempting an abortion at this stage could endanger the girl's life. Based on this, the ADJ court referred the case to the High Court, which then passed the present order.advertisementThe minor, accompanied by her parents, submitted a letter to the High Court expressing their decision to carry the pregnancy to term and deliver the child. The court took note of the gynaecologist's report, which confirmed that the foetus was over 29 weeks old at the time. By the time of the judgment, the gestational age had advanced to approximately 31 weeks. Considering this, the Court observed that terminating the pregnancy at such a late stage could pose a significant risk to the minor's life.
The court said that given the circumstances, no directions can be issued for the medical termination of the pregnancy, and disposed of the petition. The High Court has directed that the state shall provide all necessary medical facilities through a team of specialist doctors to support the victim throughout her pregnancy and childbirth.advertisement"All expenses related to childbirth shall be borne by the state. The medical team must exercise the utmost care and caution during the pregnancy, delivery and postnatal period, as required. Post-delivery care shall also be provided to the victim and the State Government shall assume responsibility for the child in accordance with established norms. Furthermore, the State Government is directed to ensure that the child receives free education up to Class 12th, and all essential medical facilities until the child attains the age of majority. The identities of both the victim and the child must be kept strictly confidential," said the court.The court has also urged the State Government to consider formulating a comprehensive policy to provide food, shelter, education, and safety for children born to survivors of sexual assault, rape, or incest.The court noted that the Medical Termination of Pregnancy (MTP) Act protects medical boards when they give a well-meaning opinion on ending a pregnancy. However, it said boards should not follow only the strict rules of the Act. They must also consider the woman's physical and emotional health. The court added that boards must clearly explain their opinions and any changes they make as situations develop. Most importantly, a woman's consent is the top priority in decisions about ending a pregnancy.Trending Reel
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