Shivangi Prakash-
The Chhattisgarh HC allowed medical termination of pregnancy of a rape victim, stating that forcing her to give birth would subject her to lifetime suffering in the given social situation.
A single-judge bench comprising of Justice Goutam Bhaduri observed:
“It is obvious that if the victim is subjected to rape and if she is forced to give birth to a child in the social scenario, she has to face lifetime anguish apart from the fact the child who is born will also have to face disdain of the society. Under these circumstances, it is directed that the petitioner shall be entitled to medical termination of pregnancy.”
The development in the case was made when a plea was filed by a lady who had conceived after being raped. She had requested a medical termination of pregnancy under the Medical Termination of Pregnancy Act of 1971.
The petitioner argued that if she is compelled to continue the pregnancy induced by rape, she will suffer misery, which will eventually lead to a serious mental health injury.
Medical records dated 17th and 23rd June 2021, mentioning that the victim was evaluated by the District Medical Board hospital in Durg, the doctor stated that she may safely conduct medical termination of pregnancy since she was 14 weeks and 3 days pregnant, were filed in support of this claim.
The court directed that the State Government must assemble a panel of specialist doctors at the District Hospital, Durg as soon as possible to deal with the case.
The High Court also gave the order that the hospital is responsible for the petitioner’s health and will provide her with all necessary medical assistance. It is further directed that the child’s DNA be maintained since the victim has already filed a complaint under Section 373 of IPC.
To read the full judgment, click on the link below:-